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LAWS
OF TUE
STATE OF DELAWARE,
'TI)1ii.E it/0i Oi Oun LORO, ONF TitiousAtui rIGUT iLUNmU D AND TWENTY
NINE INCLUSIVE: TDIVIIICII ARE PREFIXED ;EDE DECLARA. ION
OF INDEPENDENCE AND CONSTITUTION OF
THE UNITED STATES.
REVISED EDITION,
1829.
ARRANGED AND PUBLISHED UNDER THE AUTHORITY
or TILE
GENERAL ASSEMBLY.
Wilmington, OcT.
PRINTED BY R. PORTER AND SON, NIA.RKET-STREYT.
ERRATA.
Page 403...-Title erase the words Religious Societies.
Page 539on the top in bracketerase Lancaster and substitute Elkton.
Page 732erase this line, power if two commissioners 1352, and insert the $2910
page 734, as the third line.
MALTA 01ET8.] JUSTICES OF THE PEACE. 861
the case, and if he find the said party guilty, shall limit a reason- 216 fine not
able fine according to the circumstances but in no case exceeding to exceeda10
ten dollars, and shall give judgment, that said party pay to the
State said fine and costs and stand committed till payment; and 216 commit.
the said Justice shall immediately charge a constable present with went
said party, and shall enter the name of such constable upon the
docket of the case ; and the said constable, if the fine and costs
be not paid, shall have power to convey said party to the common
gaol of the county to be therein detained by the keeper thereof,
until the fine and cost be paid : for which a copy of said judgment
(which copy the Justice shall make, certify and deliver to the con-staIbtl
esh oanl l rneoqtu ebset ,)la wshfaulll fboer at hseu fJfuicsiteincte wina arrnayn tc. ase to receive the 2n1o7t tJou-srteicceei vo
fine by him imposed or the costs. fine or costs
In such case as mentioned in this section, the Justice shall have 218 Adjourn-power
for sufficient cause to adjourn the hearing, taking Sedttlity ment
for the appearance of the party complained against, at the time ad-journed
to.
It shall be lawful for a Justice of the Peace in every case of as.. 219 settletn't
sault and .battery to permit the parties to settle the matter and
either to discontinue any proceedings or to annul any recogni-zance
upon payment of costs.
If the Justice shall consider, that a case submitted to him ought 220 cases
to be subjected to higher authority, he shall refuse to determine it roper
plained against and the.witnesses at the court having jurisdiction
per for
and shall require sureties for the appearance of the party coin- "n iter tribtfl
of the matter ; and in case of failure to give sureties as required,
he shall commit the. party failing.
Passed at Dover, January 30, 1829.
LANDLORD AND TENANT.
I.
AN ACT concerning Landlords and Tenants. 182P
Section 1. Whenever any rent, whether of money or a quantity 1 yeat
or share of grain or other produce or of any thing certain or that istraineed t
can be reduced to certainty, is in arrear upon a demise of lands, 3 mac. Cm
tenements, or hereditaments for life or a term of one or more years 6-18
or a less time or at will ; the person entitled to such rent, wheth-er
the original lessor or an assignee, heir, executor or administra-naLtArobsridgAt
2 w
tor, either personally or by his bailiff, may, during the demise and
4ilstot rainnl ay'
afterwards while the tenant or any person coming into possession
by Or under him shall continue to hold the demised premises and
the title to said premises shall remain in the person to whom the
rent accrued or his heirs, devisees, executors or administrators or
be in his immediate reversioner or remainder-man, distrain for
the said rent in wear as well the grain, grass and other pro- 3 What ,may
duce found upon the demised premises, whether growing or sever- be distroinecr
3X
562 LANDLORD AND TENANT. [RENT.
a Bin. corn. ed, in sheaves, stacks or otherwise as the horses, cattlaand other
4 ex ceptions goods and .chattels being upon said premises exceptgoods and chattels not the property of the tenant but being in his.possession
in the way of his trade ; or upon the demised.premises inlhe-regu-lay
course of any occupation or business there carried,. -Which
exception shall extend to horsesand carriages at ,a livery stable,
3 Burr. 1498 to property of boarders in a boarding house and, to the beasts of
3 She.. Corm a drover &pastured while passing throughlhe country, as well
& n. 4 as to the more obvious cases - of exemption (u) according to
the common law ; and also except stoves not the properly of, but
hired by, the tenant and _beasts not the property ,of the tenant, ,es-coping
into the demised.premises.thrOugh defect of fences, which
the tenant or his landlord, was bound to repair. .
5 Goods fol- If the tenant, either during his term* estate or after the end
lotwraeinde &d off thereof, remove his goods and chattels or any part thereof from
the premises the demised premises witluiut payment of the rent due or growing
due for the said premises, and Without license from the, landlord or
his agent in writing under hand, the goods and chattels so remo-veditinless
sold fairly for a valuable consideration and delivered to
the buyer, shall be liable, wherever found,' to be distrained for said
rent for forty days after the removal, or if the rent be not in at'-
rear at the tima of the removal, for forty days after the rent shall
become in arrear. Notice to the tenant to remove from the demi-sed
premises shall not boa license within this provision.
6 Unreasons- Every distress shall be reasonable and not too great; any per- '" til6"68 son taking an unreasonable distress shall answer the damages to 3 Bide Corm
12 the party injured in an action on the case.
7 Notice of Sect. Q. The person or bailiff distraining as aforesaid shall
distress either deliver to the tenant or leave at the mansion house, or if
there be none at the most ,notorious place on the demised pre-mises
written notice of the property distrained and the cause of
8 Replevin in the distress. If said property be not replevied in five days after
live days, or the day of such notice, the sheriff or under sheriff of the county or appreisement any constable for he county or place, where the distress is taken,
shall upon application summon . two judicious and impartial free
holders of said county and administer to them respectively an oath
or affirmation to appraise the said property at its true value in
money according to the best of their skill and judgment; and they
shall certify their appraisement with the date under their hands.
s Pent, net If the rent he not of !Roney, the said sheriff, under sheriff or con-of
money, stahle, shall also atinimon the said appraisers and another judicious
valued and impartial freeholder of _sahl'couitty.to determine the value of
said rent in m,oney and shalt administer tothem respectivelyan oath,
or affirmation, to inquire diligently concerning the .;true.Value in
money. of the rent, for which the distress was taken, in arrear
the time of distraining and faithfully determine the ewe. Vpen
such inquiry the freeholders shall 410 suph opportunity, as they
shall deem reasonable, to the parties to be heard.; and, they shall
severally have power to administer an oath or affirmation to wit-
(a) More obvious cases of exemption at common law ore, when a tenant has in pos.,
session goods of another in the way of trade '; as a-horse 'at a 'smith's shop to be. shoed ;
in a taylor's shop cloth or pullouts of a customer ; horses, cattle or goods of a guest in 'a
tsvcin ; gists in a mill ; &c. Co. Lit 47 a& n 14. Coin, Di. Distress C.
r`.n'z
V.E NT.) LANDLORD AND TENANT. 363
messes ; and the said freeholders or any two of them agreeing shall
certify under their hands the value of the rent in arrear. The
certificate may be according to the following form :
county, ss. Upon a distress for rent on the demand of 10 Certificate
against We. the freeholders summoned to determine the bf value
-value of said rent in money, 'upon our oath and affirma lion respectively
say, that at the time of taking said distress there was rent in
arrear froM the said to the mill to the 'value of
Witness our hands, the day of 18 The final !wen
value, so certified shall not be questioned except upon replevin of reldevin
the goods distrained. No further certificate, either of the summbn-lug
or the swearing or affirming of the freeholders. shall be ne-cessary
; if all the freeholders be sworn, or if all be affirmed, the
certificate shall be adapted to the case by omitting the words
and nrnrmation" or the words "oath and."
The sheriff or under,sheriff of the county or any constable for fi sale
the county or place where the distress is taken, shall have power
to -sell the property distrained if not replevied or so much thereof,
as shall he necessary to satisfy the rent in arrear and all costs, by
way of public vendue to the highest and best bidder or bidders at
any time after the expiration of six days from the day of the ap-praisement
of said property, giving notice of said sale by adver- 12 Notice of
tisements posted in at least five of' tile most public and suitable side
places in said county at least six dap; before the (lay of sale If
there be a surphis of the proceeds of such sale over satisfying the 13 Surplus
rent and costs, it shall be refunded to the owner or applied accor-ding
to law without delay. If through mistake or other cause a 14 second
sufficient distress he not taken, distress may be made for the bal- d3isit3rtaecss
Com.
ance of the rent in the same manner, as for the entire sum. 11-12
It shall not be an objection to any officer acting in any of the W°011519 395
premises, that he as bailiff' made the distress. 2 Sam 268
Sect. S. The person or bailiff making a distress may suffer the .1.5 Distress
property distrained to remain at large upon the demised premises left on yreini.
or may impound the same either on the said premises or in any is3ems 1,nodr
other convenient place in the same county. A. distress shall not but not rem°.
be removed out of the county where the demised premises are situ- ved front
ate : but if the said premises lie in different counties, a distress V6ildnlisod
taken on any poet thereof may be carried to the mansion house or premises
other most notorious place thereon, which shall for all purposes be inp parts in
deemed to he the place of the taking and grainor other produce `,1011IiI4
growing on any part of such premises shall be subject to be ap-praised-
by feeeholders and to be sold by the sheriff, under sheriff
or constable and to be replevied by writ of replevin directed to the
sheriff or coroner, all of the county where the mansion. house or
other most notorious place on said premises is situate, in the same
manner,- as if every paut of said premises was in said county.
The person, on whose demand a distress is made, shall have a 17 Distrai-special
property in the things distrained until replevin or sale rilnera'sjriZertY
thereof, so that he may take the same wherever found and recover,
damages for carrying away or iajueing them.
In case of the property distrained remaining or being itnpound- Is mons of
ed on the demised premises, the distrainer and every other person purclwers
shall have right to go upon said premises to view, appraise or 11(11'- others
664 LANDLORD AND TENANT. [IRENT.
chase said property, or to take the same when purchased; and if
grain or other produce in the 'ground im sold, the purchaser shall
hove right to do all acts requisite for saving,. cultivating,:gather-ing
and taking the same.
19 Pound
Meech and
Sect. 4. If any pound. 'breach or rescOus be. made of. property
Rescue distrained, the party injured- shall in a special action on the ease
recover double damages and costs against the persons making such
pound breach or rescous or any of Oen), or against the owner of
the property if it have come to his possession or use.
20 Distress Sect. 5. If any distress and sale be maddlor ,rentdemanded,
salewhen when no ..rent is in arrear,.the rneoa rern- t in ar- distress is made,' or his executoprse rsoorn ;a dumpoinni -sWtrhaotoser sd sehmaalln dp..;asru ctho
the owner of the property so distrained and sold or his executors
or administrittorsdouble the value of Said property to be recovered
with costs in an action of debt, in which 'a less sum than that de-
. manded may be recovered.
21 114`egulari. Sect. 6. When a distress is taken for rent justly due; no subse-ty
not to vi- -quent irregularity shall make it a trespassor vitiate it; balite par-tige
distress- ty.injured by such irregularity may recover' the damages sustained special dama
_ges therefor on occasion of such injury and no More in a Special action on the
case; unless sufficient amends shall have been- tenderedbefore Re-'
tion brought, in which case there shall be no recovery.
22 Rend on Sect. 7. The sheriff or his deputy or the coroner having a Writ
replevin of replevin for property' distrained shall before serving' the 'writ
take bond from the plaintiff or some substantial .person for him,
with sufficient surety, to such sheriff or coroner it a, penalty dou-ble
the value of. said property (to be estimated by the officer serv-ing
the writ, or to be appraised, if either party request it, by. two
judicious persons to be summoned and sword or affirmed brsuch
officer,) with condition according to the following form
28 Condition The condition of the above written obligation is such, that it
at whose Suit against - a writ of replevin has been issued' out
of the (describe' the court) of the State of -Delaware for county
returnable to term next, or his'executors or administrators
shall prosecute said suit with effect mut shall. filly:mid without de- .
lay satisfy any judgment, which' shall be given against the
or his executors or administrators in the said suit, then the said
obligation shall be void.
24 Avowry or In every such suit the .defendant may avow or make cognizance
eoguizanco generally for rent in
armor'
stating,to- whom,jor what premises
and for what time, Without other particulars: Such. avowry .or
cognizance may be entered Upon the record by way. of suggestion,
if in consequence of the plaintiff being nonsuitorjudgment being giv-en
on demurrer or for Other cause, it cannot be entered in the regular
firi Rent course .rif the pleadings. The jury upon the trial of the action shall
found by find the stint due for rent in arrear ; and after issue joined -the
jury plaintiff becoming nonsuit, shall not- prevent a jury from being
drawn or .sworn or affirmed or from trying the cause or from giv-ing
their verdict.
dotal mined If there be judgment of ,nonsoit or upon deinurrer or otherwise
when no trial without trial byjury, the stun due forthe rent in.arrear may be
by jury found either by a jury drawn and sworn or affirmed and giving
their verdict at the bar of the court, as in 'cases of jury. trials, (the
---
865
it.uNT.3 LANDLORD AND TENANT.
attion being put upon the trial list for thatpurpose,) or by a jury
of inquiry upon a writ of inquiry awarded for that purpose, or oth-erwise
as the court may in their discretion order; or the same may
be ascertained with or without avowry or cognizance as the par-ties
shall agree ;judgment shall be given for the defendant for any 20 Judgment
sum so found or ascertained, ae 'debt* with costs of suit, and like for rout
execution shall be had as on judgments for debt.
If judgment be given' for the defendant or his executors or ad- 27 Assignm't
upon the service of the writ, shall, on request assign the said bond
ministrators, the sheriff or coroner, to whom the bond was taken of bond
by assignment under hand and seal before at least one credible wit-ness
to the defendant or his executors or administrators, or if the
defendant be bailiff, to the person, on whose demand the distress
was made, or his executors or administrators : the assignee may
sue on the bond in his own name.
Sect. 8. The husband of a woman entitled to any rent in fee 28 Husband's
simple, fee tail, for life or other estate shall have the same remedy remedy
by debt or distress afterher decease, as during her life, for the ar-rears
of said rent accruing during the marriage.
A person entitled to any rent for the life of another person may 29 one entit
distrain in the same manner after the death, as during the life, of led or ano-such
other person for any arrears of said rent. ther's life
An action of debt shall lie for the arrears of any rent, whether in 30 Debt
the, in tail or for life either during the continuance or after the de-termination
of the freehold.
The executors or administrators of any person, to whom any 31 Eers--
rent was in armor at the time of his death. whether such rent were Adtu'rs
in fee, in tail, for life, years or other estate, shall have the'same
remedy by action or distress for such arrears, as the testator or in-testate
it' living could have.
When any lands, tenements or hereditaments are held by demise 32 Apportion-of
a person haying an estate therein determinable on a life or any rinei,u of
contingency ; if such estate determine before the end of any year gig` tance°N
or quarter if the relit be payable quarterly, the rent shall be up- time
portioned according to the time; and the proportion thereof for the
time the same has been growing due to the determination of said
estate shall be paid to the lessor or his executors or administrators
and may be recovered by action of debt, Or on the case; and if, in
case of the determination of such estate before the end of the year
or quarter, the whole rent for such year or quarter shall have been
paid before such determination, a just proportion thereof according
to the time (for which the rent has been paid,) to run after such de-termination,
shall be refunded.
Satisfaction for the use and occupation of 'lands, tenements or 33 Use and
bereditaments by permission of a person, without demise by deed Brarirt
or contract under seal for the rent, inay be recovered in an action lc 300
on the case upon assumpsit ; and evidence of any demise without Woodfall 4"
-deed or of a contract not under seal for a certain rent, shall not
defeat such action, but may be used to maintain the same. 34 Tenant in- tenSaenctt . in9te. nWdsh teon rtehmeorev es hhaisll ebffee csutsf ffircoiemn tt hger oCuonudn ttoy , bwelhieervee ,t hthe adt ea- treemotrv eo
mised premises are, before the rent will become due, so as to defeat coolluoicittys from
a distress for said rent, the landlord or any credible person for him
8eo6 LANDLORD AND TENANT. [RENT.
Attachment may before the clerk of the Supreme Court or the prothonotary of
(40) the Court of Common Pleas in said county or any person Officia-ting
for either of said officers make oath or affirmation, stating , the
rent and when it will be due and that he does on good grounds be-lieve,
that the tenant intelids to remove his effects from said coun-ty
,and will remove the same, before the said rent will be 'duo;'
thereupon a writ of attachment shall be issued out of sal& court,
returnableto the next term thereof, directed to-the sheriff Or int:ase
of legal exception,to him, to the coroner of said county. against.the
goods and chattels, rights and credits, of such tenant and for WM-moiling
the garnishees ;. if the tenant shall give to the landlord
35 Proceed- bond with sufficient surety, to be approved by the sheriff or coro-iogs
nor having such writ, before the returnthere of, or by the court at
the term of the return, to pay the rent when due with the costs that
may be awarded to the landlord in the cane of said attachment, , the
goods and garnishees shall be discharged- therefrom ; if bond as
aforesaid be not given, the court shall make, an order for the sale
of the goods and chattels attached or so much thereof; .asi shall lie
necessary to pay, said rent with the-costs, and shall -render judg-ment
against every, garnishee summoned upon the attachment up-on
his answer confessing goods, monies, rights or credits hi his
hands, or upon the verdict of a jury against him if required to
plead, as in other proceedings by attachment.
36 issue If the tenant deny the demand of.rent, the court, whether he have
given bond as aforesaid or not, shall directan issue to be tried by
a jury at the bar of said court for ascertaining, whether there be a
just demand of rent and the amount thereof; and the verdict upon
such issue, unless set aside by the court, shall ,he conclusive.
The court in respect to the costs and touching the premises gen-erally
may exercise equitable powers.
38 omplus The residue of the goods or money after satisfying, the rent and
costs shall be restored or paid to the tenant without -delay, Unless
there be legal cause to apply the same otherwise.' -
39 Tenant Also a landlord or any credible person for him may in manner
about to leave aforesaid make oath or affirmation, stating the rent which his' ten--
Stafficte ient&
su not ant is to pay or render and when it will be due.,-and. that he does
goods that on good grounds believe, that' the said -tenant does intend to leave
can be at. this State and will depart from the same, before said rent will be tubed due, and that there are not goods and chattels, rights and credits
of said tenant, that can be attached, sufficient to 'secure said rent,
and that the said tenant does not, intend to make.any provision for
the payment of said rent ; and thereupon proceedings shall be had
against said tenant according to the twentieth- section of the Act
(Attachment directing the manner of suing out ,attachments, within this govern-
2 I)
only one ment." Nothing in . 40 this, section. shall be construed. to extend-to
year's rent more than tnie year's rent, . ,
41 Goods ta- Sect. 10. If goods and chattels of a tenant being upon premises
kionen
t,O f) ex ecu- held by him by demise under a rent of money be taken by virtue of &c lia-ble
to year's any process of execution, attachment or sequestration, the Said
'rent of money goods and chattels shaRbe liable for the rent of said premises in
armor or growing due, at the time of such.,taking,:in preferenceto
-such' process ; provided that, this preference ,shall-not extend to
more than one year's rent ; accordingly the landlord shall be paid
ar Att. e CI44.44.4. 1114..CiCI in) 6 CAn4.--Z V.91A-C.-ttAl-0tc
t AA_ o.- 1;9 V-
.\ 4
t4.- GAM. " IAL 414. 'VI Wirt 0 lictAA..ct,
Ittrvs- 0 °Lc 1)-
1
, J .0
a a.
f a) ' 11, 4.1.41.f A.
RENT.] LANDLORD AND TENANT. 567
such rent (not exceeding one year's rent) out of the. proceeds of the
sale of such goods and chattels, before any thing shall be-applica-ble
to such process ; but if the landlord, before the taking of the
goods and chattels of his tenant by virtue of such process as afore-said,
have distrained such goods and chattels for rent in arrear,
such distress or the levying of the rent in arrear under it shall not
preclude him from the preference given by this section.
And if the grain or other produce growing or being upon premi- .42 Grain.or
ses held by a tenant by demise under a rent of a quantity or share 11,ttecolatit
of grain or other produce, be taken by virtue of any process of ex- kindin pre-ecaion,
attachment or sequestration ; such grain or produce shall fetenoe to es-be
liable for the year's rent proper to be rendered thereout in pre- m11°11
ference to such process, that is to say ; the indian corn shall be lia-ble
for the quantity or share of indian corn to be rendered as rent,
the wheat shall be liable for the quantity or share of wheat to be
rendered as rent, and so of the other produce ; this preference ex-tending
only to the rent for one year ; and such grain or produce, 43 sold on ex-if
sold in pursuance of being so taken, shall be sold subject to such
rent
ecution sub-ject
rent, and the purchaser shall be liable for said rent and the delive- to such
ry thereof according to the tenant's contract and for the proper cul-tivation
and care of the crop ; and in addition to the remedy aris-ing
from this liability, such grain or other produce may be (Its-trained
for the rent proper to be rendered thereout, when due, in
the same manner, as if the same had not been sold : and it shall not 44 not to be
be lawful to remove said grain or produce from the demised prem- removed
iSCS without either paying the rent proper to-be rendered thereout, ment
without pay-
Or giving or tendering to the landlord or person entitled to said
rent good security to pay the same when due ; and in case of a re-moval
contrary to this provision, the landlord or person entitled
to such rent may immediately follow and distrain the grain or pro-duce
removed and may proceed in the same manner, as if the rent
had been in arrear at the time of removal.
The sheriff or other officer, who shall sell goods and chattels of 45 Notice to
tenant taken upon process of execution, attachment or sequesta- Landlord of
tion, shall at least ten days before such sale give written notice of not!: gf Ledo;
the time and place thereof to the landlord if residing in the county,
and if not, to any known agent of the landlord in the county.
The levy of process of execution, attachment or sequestration a Goods in
upon goods and chattels shall not prevent such goods and chattels execution
from being taken and sold as a distress for rent; but the landlord milY be
or person making such distress shall at least six days before the 47 Notice of
sale of the goods and chattels distrained give written notice of such distress.
such distress and the time and place of such sale to the plaintiff or
one of the plaintiffs if several, in every such process or his attor-ney
(if such plaintiff or attorney reside in the county,) or he shall
forfeit the benefit of this provision. Such distress shall not impair
the levy nor obstruct the authority of flee officer to sell said goods
and chattels by virtue of the process at any time before the sale
thereof pursuant to the distress ; and such distress or a sale pur-suant
to it shall not vary the rights of the parties in respect to the
application of the proceeds of the goods levied on, so as to give to
the demand of rent any additional preference over the other pro-
COSS.
S69 LANDLORD AND TENANT. [RENT.
48 Straw, Sect. any person shall carry from demised premises any-
Mantue, Sze. straw, 'Corn-husks or manure without the consent of the owner
not to be re-moved
of said premises, Ile shall pay to such owner double the value Of:
such straw, rcorn-husks or manure to be recovered with costs in an
action on the case ; but this section shall knot extend to any-Pretni:
49 restriction ses of leas quantity than five acres. .
.
50 Entry on- Sect. 12. Any' contract or consent, pursuant to which a tenant,
der agreem't shall enter into continue in possession of lands., tenements ;or.
tIoc paasye riefn t, a hereditanients undEr an agreement to pay rent, shall be a demise;
no term limit. if no term be expressly limited, the demise shall be 'construed to he
edfor I year; for a year, except of houses and lots usually let for a less time;
and no demise, except it be by deed, shall be effectual for a longer
61 3thonths term than one year. When lands, tenements or hereditaments are
notice not gi- demised for a term of One or more years; if three months or up
ren the term wards before the end of the term either the landlord do not give extended for one year notice in writing to the tenant in possession to remove, or the ten-ant
do not give notice to the landlord of his intention to remove,
from the demised premises. the term shall be extended for another'
year, for which the tenant shall pay the rent' and all stipulations
of the demise shall continue in force. If the tenant three months
52 Tenant
uivirw. notice or upwards before the end ,ofthe term shall give such notice, and
dein- shall not deliver up the demised premises accordingly, such ten-ering
posses- ant shall pay double the rent that was payable according to the
sion
(Forcible en- demise ; and the withholding of the possession in such case shall
try & detainer be deemed a forcible detainer and may be proceeded upon as such ;
.55)3 or holding or if the tenant or any person coming into possession by permis-over
ping mon or collusion with the tenant shall-hold over the demised pre-notice
to him mises after the end of the term and after notice in writing given
(Forcible en three months or upwards before the end of such term to the tenant try & detainer then in possession to remove from said premises, such -tenant or 13)
double rent person so holding over shall pay double the rent that was payable
according to the demise.
Double rent payable according to this section may be levied by,
distress or recovered by action in the same manner, as the single'
rent, if the said demise bad continued, could have been.
04 Ejectment Sect. 13: If a tenant, on whom a declaration, inejectMent shall:
penalty on to- be served, shall not give notice thereof to his landlord Or his agent
naut not giv- without delay, such tenant shall forfeit and pay to such landlord
ing notice the value of two years full rent of the premises to be recovered with
65 rights of costs by action of debt. -The landlord upon entering into the corn-
Landlord mon rule shall be admitted defendant with his tenant in such eject-ment
; but if the tenant refuse to appear, and the landlord apply.
to be admitted' defendan4 judgment shall be entered against.the
casual ejector with stay of execution subject to the order of the
court; and the landlord on entering into the common rule and ad-mitting
on record, that and at the time of commencing, the
action was, in possession of the premises mentioned in the decla-ration
or any described part thereof, for which he 'defends; shall be
admitted defendant.
Limitation Sect. 14. An executor or administrator shall not distrain for
of distress for rent in anvil* to the testator or intestate after the expiration of
rent six month from the death of the testator or intestate; any other
person entitled to the rent of premises but having no estate in said
r3 Y
LANDLORD AND TENANT. 369
premises shall not distrain for said rent after the expiration of six
inontlis from the time of the same becoming in arrear ; and in no
case shall a distress be taken for rent after the expiration of two
years from its becoming in arrear.
No distress shall remain in force more than sixty days from the
titim of making it. If the property distrained be not sold within
the said sixty days, it shall at the expiration of that period be dis-charged
from the distress.
A distress without a sale shall not satisfy -the rent for which 57 Distress
such distress was taken ; but a second distress shall not be taken without sale
for the said rent.
Sect. 15. The fees upon a distress shall be 68 Fees
For making distress and giving notice SO 50
For summoning and qualifying freeholders 50
To each freeholder 20
For advertising 40
and the rate of two cents a dollar on the proceeds of the sale appli-ed
to the rent.
In cases in which freeholders value the rent as well as appraise
the goods, there shall be allowed only one fee for summoning and-qualifying
freeholders and one fee only to each freeholder. For
giving notice to landlord of sale of his tenant's goods a fee of twen-ty
cents and the rate of two cents a mile from the demised premi-ses
to the landlord's residence, shall be allowed. This fee shall be
chargeable to the tenant and first paid on the sale of his goods.
But an officer shall demand only one fee for giving such notice
whatever number of executions or writs he may have in his hands
against the tenant at the time. If there be executions or attach-ments
in the hands of several constables at the time of giving such
notice, he only, who made the first levy, shall be entitled to the fee
allowed by this provision.
Sect. 16. Rent in arrear or growing due may be attached. If t6a9c IR1 t at-the
rent attached be not due at the return of the attachment, the
court may render judgment upon such terms and may make such
order, as shall be deemed proper to secure the parties and carry
the attachment into effect. After attachment served, distress may 60 Distress
be made for the rent attached if in arrear, unless the tenant will not prevented
pay it to the sheriff to be paid into court; and in case of such dis-tress
or of a distress made before service of the attachment, the
attachment shall not prevent proceeding upon the distress ; but if
the distress proceed to sale, the officer selling shall pay the money
into court, where the attachment is depending, to abide any order
that may be made in said court. In case of replevin, the court in si power of
which the attachment is, shall have power to order any assignment court
of the interest in the action of replevin and of the replevin bond,
6 that may be necessary to give effect to the attachment, and to en-force
obedience to such order by imprisonment ; and such order in
respect to the interest in the action shall have the effect of an as-signment,
and any person, to whom said bond shall be assigned
pursuant to such, order, may sue thereon in his own name.
Passed at Dover, February 10, 1829.
Siu LANDLORD AND TENANTLEGACIES.
1829 AN ACT concerning remedies by and against grantees of rever=
sions or remainders in lands, tenements and hereditaments leased.
62 Remedies Section 1. Granteesbf reversions.and remainders in any lands, by & against
grantees of tenements or hereditaments.let to lease and their heirs, executors,
reversions, /cc administrators or assigns shall have the same remedies by entry or
action or otherwise .against the. lessees, their executors, adminis-trators
or assigns, for waste done, or for the non-performance of
any condition, covenant or contract contained in the leases, as the
- grantors could have. Also the lessees.of any lands, tenements or
bereditaments for life or years, or their executors, administrators
or assigns shall have the same remedies by action and advantages
against the grantees of the reversions and remainders in such lands,
tenements.or hereditaments or their heirs; executors, administra-tors
or assigns for non-performance of any condition, covenant or
contract contained in the leases (except a covenant of warranty of
title,) as they could have against the grantors or their heirs, exe-cutors
or administrators.
63 Rent in But rent in aruear before a grant or damages for a breach,-be-arrear
before fore a grant, of a covenant or contract shall not be assignable by
grant, &e. not force of this Act. assignable
Passed at Dover, February 11, 1829. 0 LEGACIES.
1764 AN ACT for the more easy and speedy reccroery of legacies.
Whereas the proceedings in the Courts of Chanaery, within this
government, for the recovering of legacies are tedious and eipen-sive;
Suits at law Section 2. It shall and maybe lawful for any person or persons,
for legacies to whom any legacy or bequest of any sum or Rims Of money Or
(Executors & Other goods or chattels have been or 'may be.nuido by the last will
tAodrms-i9n3is)t ra. and testament of any other person or persons legally made, to cdm- menee, sue and prosecute awaction of debt, detinue or account
render, as the case may require, for such legacy, after it becomes
due, in any of the Courts of Common Pleas within this govern-ment:
And if it shall appear that he legacy or legacies is or
are due, and there be sufficient assets in the hands of the executors
or administrators with testaments annexed to discharge the Just
debts of the testator and the legacy or legacies bequeathed, the
plaintiff or plaintiffs shall recover, With costs of suit, any law,
Osage or custom, to the contrary notwithstanding.
2 Abatement Sect: S. Provided always, That where it shall so happen that
there are assets in the hands of any executors or administrators
with testaments annexed to discharge all the debts of the testator
with'inr-overphis not sufficient to discharge all the legacies which
may be given, then an abatement shall be made in proportion to the
.....,,user
LEGACIES S71
legacies so given, unless it shall otherwise be provided by the will.
And where any legatee or legatees are or may be under ago at the
time when Finch legacy or legacies shall become due, in such case. a Infant
such legatee. or legatees shall and may maintain an action for their'
respective legacies by guardian or next friend as fully and effec-tually,
as by law they may do in any other actions whatsoever.
Sect. 4. The respective courts, where the said actions shall be 4 Nett_ ,
commenced, upon the plea of the want of assets to pay all the debt& want of assets
and legacies shall appoint auditors to examine the accounts, of the. _auditors
executors and administrators with testaments annexed, who, after
full hearing of the parties at such times and places, as b y them the
said auditors shall be appointed with notice to the parties, shall re-port
how the accounts of the executors or administrators do stand,
what assets will remain after payment of all the debts, and what
part of the remainder is the proportion, that ought to go towards
paying of the plaintiffs legacies, having regard to all such settle-ments
as have been or shall hereafter be made before any court or
proper officer or officers, that may have jurisdiction and power to.
settle the same ; for which proportion only, unless it be otherwise
provided by the will, the court shall then award execution upon the
judgment to be had in the said suit ; which judgment shall remain
a security for the payment of the remainder of the said legacies
and costs, when sufficient assets for the payment thereof come to
the executors' or administrators' hands : And where any exception
shall be taken by either of the parties to the report of the auditors;
it shall and may be lawful for the court, in which the action shall be
depending, on hearing of the parties to correct and amend any mis-,
takes or errors, which may happen in the accounts so to be report-ed.
Sect. 5. The Justices of the courts aforesaid respectively upon 5 Costs:
cosideration of the report of the auditors aforesaid shall according crethmary
to justice and equity either award no cost or costs out of the tes-tators'
estate; or in case the executors or administrators have been
faulty in delaying to pay the legacy demanded or a proportional
part thereof, without sufficient excuse, then out of the proper es-tate
of the executor or executors, administrator or administrators;
any thing herein contained to the contrary notwithstanding.
Sect. 6. Provided always, That no such suit shall be main- 6 No suit tin
tamed for any such legacy until reasonable demand made of' demand and
the executor or executors or administrators with testaments an- 17:Ai to TO
nexed, whip ought to pay the same, and an offer made of two
sufficient sureties to the said executor or executors, adminis-trator
or administrators aforesaid, who, if' they think proper to
accept thereof, shall become bound to them the-said executor or
executors, administrator or administrators aforesaid, in double
the sum of the legacy given, with condition under written, that if
any part or the whole thereof shall at any time after appear to be
wanting to discharge any debt or debts, legacy or legacies, which the
said executor or executors, administrator 01. administrators shall not
have other assets to pay, then the said legatee will return his said legacy
or such part thereqf, as shall be necessary for the payment qf the said
debts or the payment of a proportional part qf the said legacies.
And if the said executors or administrators shall not think pro,
37,2 LEGACIESLEVY COURT.
per to accept of such bond, then the said legatees - shall file the
same with the, clerk of tbe court before . obtaining; any. vrocess
against the executor or executors. administrator or administrators;
otherwise and in default thereof: the process issued shall abate.
7 Several le- Sect. 7. Proifided also, Thatwhere there are or *May be several
gate es pro- legatees and a return of part of the said legacy sued for appears
oltritieflm"aebnIte necessary, in such case eachlegatee shall only be compelled:to re-turn
"11. proportionable part of his legacy so as to make up the whole
sum wanting. . .Passed March SI, 1764.;..
LEVY COURT.
M29 AN ACT concerning the onititution V the Levy Court and Court
of Appeal.
Commis- Section 1. The Levy Court and Court of Appeal in each coon-sionrrs
14
ty shall be composed of coMmissioners for the hundreds respective-,
.) ty in such county as follows:
2 in N. Castle The said court in New-Castle county shall be composed of ele-ven
commissioners, to wit : two for Christiana luthdred, two for
Atmoquinimink hundred, and one for each of the other hundreds in
said county.
3 Kent The said court in Kent county shall be composed of nine com-missioners,
to wit : one for Little Creek hundred and two for each
of the other hundreds in said county.
4 Sussex And the 'said court in Smiex county shall be composed of ten
commissioners, to wit : one for each hundred in said county.
5 elected The commiksioners of the said court in each county shall be
(11-12) elected by ballot at the General Election in such county by the cit-izens
residing in said county having right to vote for representa-tives
; and the election shall-be conducted according to the law re-gulating
the General Election. Each commissioner shallhohl his
6 term office for the term of three years from his election ; exceptthat if
(11-12)
7 vaca ncy an office become 'vacant before the regular expiration of the term
thereof, a commissioner 'shall be elected to fill such vacancy 'and
shall hold the. office for the residue of said term. In computing the
term, the period from a General Election to the next General
Election shall be reckoned a year.
qualificaCns No person shall be a commissioner of the said court for a huw-deed.
unless he resides and is a freeholder therein. If a person,
being a COMMiSSiOnet of the said court for a hundred, removes
from said hundred or ceases to be a freeholder therein, his Office
shell thereupon become vacant.
9 diqualifi- No county treasurer, trustee of' the poor, coronetor'sheriff shall s
cations during his office be a commissioner of the -said court; and no corn-
(Offices in- missi)n& shall during the term; for which he is elected, be ap-cvmpatible)
pointed a collector of a county, poor, road or State tax, county
treasurer or trustee of the poor.
LEVY COURT. 373
The commissioners of the said court in each county now in of- to present
Ike, shall continue in office for the terms, for which they were re- conmi6smnfra
spectively elected, that is to nay; a commissioner elected fora full
term shall continue in office for the term of three years from his
election; a commissioner elected to fill a vacancy shall continue in
office for the residue of the original term ; and if there be now a
vacancy in the office of such commissioner, or if the office of any
of the present commissioners shall become vacanthefore the regu-lar
expiration of the term thereof, such vacancy shall be filled by
a commissioner to hold the office during the residue of the origin-al
term, so that the rotation of commissioners heretofore establish-ed
shall continue.
The clerk or the peace Dm each county .sball after the twelfth 12 Clerk of
and on or before the fifteenth day of September in each year under Pea"
his hand and seal of office make known to the sheriff of his county duW
the hundreds, for which commissioners of said court in said coun-ty
are to be elected at the next General Election, statingtho
names and hundreds of the commissioners, whose terms of office
will expire, and the name and hundred of any commissioner,
whose office has become vacant, if such vacancy have happened ;
and if afterward and on or before the twenty-eighth day of Sep-tember,
the said clerk shall he duly informed of a vacancy in said
office not made known to the sheriff as aforesaid, he shall immedi-ately
make the same known to the Sheriff in manner aforesaid ; and
the sheriff shall within two days give public notice thereof by a 13 Sheriff
proclamation posted in one or more of the most public places in
each hundred of his county, and also give written notice thereof to
the inspector of each hundred in said county.
Every commissioner before taking his seat as a member of said 13 Oath
court shall make oath or affirmation according to the following
form; I do solemnly swear (or affirm) that I will perform
the duties of my office of commissioner of the Levy Court and Court
of Appeal truly, diligently and failkful ly according to law, and in eve-ry
case , o equal right and justice according to the best of my skill
and judgment, so help we God, (or, so I do solemnly affirm
which oath or affirmation may be administered by the clerk of the
peace or any commissioner of said court ; and an entry thereof
shall be made in some book of said court.
A:majority of the commissioners of the said court in each court- 14 Quorum
ty shall.constitute a quorum to do business ; but a smaller number 06-213
may adjourn the court or administer the oath or affirmation and
give instructions to assessors, as prescribed by law in these parti-culars.
Passed at Dover, January 30, 1829.
AN ACT concerning the Levy Court, Clerk of the Peace, Asses- 1825
sors, Collectors and County Treasurers;
Section 1. The Levy Court and Court of Appeal in each coun-ty
shall meet at the Court House of their county three times in cv- 15 days oi
ery year, that is to say ; on the last Tuesday of September, on meeting
S'4 LEVY -COURT..
the first Tuesday of February and on the first Tuesday of March,
and may adjourn' from time to time :O. occasion shall require ; and
one' commissioner, if no more shall attend on anyday of meeting,.
or the clerk of the peace, if none attend, shall have power to ad-7
16 adjoumrn't journ the said court.
17 Clerk of Sect: 2. Theclerk of the peace, in each county shall be the
the Peace clerk of the Levy Court and Court of AppealliE: his county and
IS duties shall .safely keep the books, minutes wit) -papers.telonging to said
court and shall make full. and trim minutes of all ,the,proceedings
of said court and shall deliver to the county treasurer, certified
transcripts of :all allowances made by the said .court of the appoint-ment
of collectors and the amount to be collected..by each, and a
all matters, that shall concern the said treasurer or be requisite
for keeping.the accounts of the county, and shall observe the or
ders and Toles °Nile said court hi all things relatingtu the duty
of his office: and the seal of office of.the clerk of the peace shallta
is Seal the seal of the Levy Court and Court of Appeal:
20 Assessors Sect. 3. The assessors of the several hundreda in each county.
lualified shall appear before the Levy Court and Court or Appeal of their.
(23-24) county at the meeting of the said court on the lastiuefulay_of
Ssiqailicy and shall each in the presence of. said court take an
oath-or affirmation according to the following form
21 their oath / - do solemnly swear (or affirm).
that rwill perform the duties of in qfficeif asssessor truly, diligent-ly
and faityully according to the laws of the land; that I will spare
no person jro favor, dreclion, reward. or the hope thereof; and that I will wrong no person through hatred, prejudice. or ill will ; and
that I will in every case do equal right and justice according to the
best of my skill and judgment. So help me God ("or so I do solemn-qffirm.)
22 instrueVas And the said court shall ,give to said assessors instructions by pre-scribing
forms for their returns, and by causing to be read to them
(68. 102. 103. the first,, fourth, fifth, sixth, seventh, eighth, ninth and tenth sec-
110-121) tions of the Act for the valuation of real and personal property
(27) within this State" passed February 9, 1796, and the eighth
section of the.additional supplement to that Act passed January
(25-34) 19, 1797, and the fourth and sixth sections of this Act, and the
23 other days said court may appoint in case of necessity .other day or days for
the appearance of the assessors or any ono or more of them to take
oath or affirmation and receive instructions as aforesaid : and any
240uorum two of the commissioners of the said court shall constitute a quo-
(14) rum for administering the oath or affirmation and giving instruc-tions
to assessors.
25 Return of Sect. 4. The assessors shall respectively return their respec-
Assessors tive valuations and assessments to the Levy Court and Court of
Appeal of their county on the first Tuesday of February in every
36 their pro. year ; am! the Levy Court and Court of Appeal at their meeting
petty valuedl in that month shall value the property and determine the personal
rate of each- assessor ; for which purpose each assessor shall on
the first Tuesday of February deliver to the said court a full and
true statement in writing under his band and upon his solemn oath
or affirmation of all his property real and personal liable to asses-pent,
setting forth the quantity,.situ.ation and improvements of the
LEVY COURT. s75
ital estate ; and the clerk of the peace or either of the commis-sioners
of the said court is authorized - to administer and certi-fy
such oath or affirmation. And the said court may examine, 27 correction
correct and add to the valuations rates and assessments returned by of icturns
the assessors, and may call before them every person, who ought
to have been assessed and shall have been omitted by the assessors,
and may require such persons to render a full and true statement 28 statements.
of all his or-her property,real and personal liable to assessment, and required
shall with the assistance of the assessors, who ought to have made
the valuation, or otherwise make a valuation of all such property
and determine the personal rate of all such persons; and such
valuation and rate shall be considered in the same mannner, as if
made and returned by the proper assessor, and placed upon the as-sessment
list of the proper hundred or hundreds : and if any as-sessor
or other person omitted and called upon as aforesaid shall
refuse or neglect to deliver to the said court a full and true state- neglect or
ment of his or her property as aforesaid ; or if any statement de- fraud
livered shall be false and fraudulent ; in either case the said court
shall ascertain by the best means in their, power the full value of
the property, real and- personal liable to assessment, of every such
assessor or other person so neglecting or refusing to deliver a state-meat
or delivering a false and fraudulent statement, and shall
double the value so ascertained ; and the amount produced shall be
the valuation of such assesSor or otherperson to all intents and pur-poses;
and moreover every assessor; or other person ommitted and.
called upon as aforesaid shall for every neglect or refusal to deliver
a statement as aforesaid or for delivering a false and fraudulent state-ment
forfeit and pay to the State a fine not exceeding forty dollars
with costs of prosecution to be recovered by indictment in the court
of General Quarter Sessions of the Peace and Gaol Delivery : Pro-vided
always that a statement shall be required from an assessor
and a valuation of his property shall be made only at the time when
and so far, as such valuation ought to be made according to the
sixth section of this Act. And after the said court shall have ex-amined
said returns and made such corrections and additions, as to
them upon such examination shall seem just and proper, the clerk ' (94)
of the peace shall make, and on or before the twentieth day of Feb-ruary
in each year set up and publish in one of the most public 29 Clerk of
ptlumbpsoineststo places of each hundred in his county an alphabetical list of the
names of persons with their respective rates and valuations taken & notice of'
from the assessment list of-such hundred, as the same shall stand day of Weal
after such corrections and 'additions,. with a notice of the day. of
, holding the Court of Appeal ; which list shall contain and specify
as follows, to wit; in the year in which a general valuation of red
and personal property shall be returned, the said list shall contain
the-names of all persons upon the assessment list of the hundred
and shall specify the real estate of each person, the number of acres
and valuation, the number of slaves and valuation, the personal
rate and the valuation of personal property, and ,the total amount
of the rate and valuation ; and in the year in. which a general rate
of persons and valuation of personal property only shall be returned,
the list shall contain the names in .alphabetical order of all the per-
8011S upon the assessment list of the hundred, whose personal.pro-
S76 LEVY. COURT.
perty shall be valued or personal rate imposed : and such list shall
specify the personal rate, and the number of slaves and the valua-tion,
and the 'valuation of the personal property, and .the total.
mountiof the rate and valuation;, and in all other years, the, list
shall contain only additions or alterations, that shall have been
made to or of the assessment list of the hundred and whewany
owner of-. real estate shall not reside in the county, information of
thevaluation and of the day of holding the Court of Appeal shall
30 notice to be'directed by the clerk of the peace to such owner in wieder
non-resident addressed to the. nearest post-officer to him or. her, that can be
conveniently ascertained. And it shall lie the duty of the asses,
Sera to attend the Levy Court and. Court of Appeal on the .first
Assessors Tuesday of. Febrtiaryand on the first Tuesday of March and on
to attend Le- such other days, as the same court may .appoint under a penalty of
vy Court twenty dollars for every neglect or refusal to be recovered by 41.:
dictatentowith costs. . . .
Sect. 5. The Levy Court and Court of Appeal in each.county
shall sit, as .a Court of.Appeal, on the first Tuesday of March in
32 Appeal every year and on such days and times thence ensuing, as it shall
(128) be necessary to adjourn to, and shall examine the rates and velum
tions. made and returned by the assessors and the corrections there,
of and additions thereto, that may have been .made, and shall re-ceive.
hear and determine appeals against any the said rates and
valuation's, and shall have full power either upon their own exam-ination
or upon appeal, to increase or diminish any. rate or valua-thin
for just cause, and to call before them any person or persons,
whose names ought to he placed on the assessment list and who
shall have been omitted by the assessors or by the said court at
their former meetings, and to fix the personal rate and make a vald.
nation of the property of such person or persons according to:tian
provisions contained in the fourth section of this Act; and the said
court may require such person or persons to exhibit a statement of
his, heror their property respectively ; and a refusal or neglect- to
exhibit a statement according to such reqbirement or the exhibin
(27-28) ting a false and fraudulent statement shall incur the same conse-quence
and penalty and be liableto the same proceeding, as pro-vided
by said fourth section of this Act for the like offences; and
the said court shall have power to arrange all the rates and valu,
ations according to right, and justice, so. that, no person may, be
unequally or overrated in the county; and if any rate or valuation
shall be in a hundred, to which it does not belong, the said court
se Assessm't may transfer it to the-proper hundred : and a valuation or a.981388:1
1.iet not naent list shall not be liable to be called in question elsewhere than
qnutehsteiornwed iminti te Levy Coouu rt an d C out. t of Appeal; and tl e ss ame, an sh a
stand in the said court,' shall be absolutely conclusive.
Sect. Cy. A general rate of persona and valuation of personal pre" 34 mDeusrsamtioenn e perty in each hundred in the several counties shall
list acted on for six years : and such, general rate of personn and
valuation of personal property shall be made, so as to be returned
on the first Tuesday of February in the year of ourlord one thous
sand, eight hundred and twenty-eight andevery sixtli year thereat;
ter; and a general valuation'of the real property in each hundred
in the several counties shall stand and be acted upon for twelve
.:11011111
LEVY COURT. 677
years ; and such general valuation of real property shall be made,
so as to be returned on the first Tuesday of February in the year
of our Lord one thousand, eight hundred and twenty-eight and ev-ery
twelfth year thereafter,: and the present rate,s of persons and
valuations of real and personal property shall stand and be acted
Upon until the said day and year ; Provided always, that the as- 35 Yearly du-sessor
of each hundred shall annually rate the persons of those ha- ties of Ao'rs
ble to such rate, who shall have arrived to the age of twenty-one years
since the making of the assessment for the preceding year, or who
shall .come to reside in the county, or who shall before have been
omitted, and shall value the persona/ property of all such per-sons,
new leases taken by lessees of houses in boroughs, towns or
villages, new ground rents, any real property that shall have been
before omitted, and personal property acquired by bequest; and
every assessor shall also certify and return all descents, aliena-tions
and changes in the ownership of real estate within his hun-dred;
and the person or persons, who by the assessment list, as
the same shall be constituted or made by or from such returns,
shall appear to have become and to be by reason of any descent,
alienation or change the owner or owners of any real estate, shall
stand assessed and charged with the valuation thereof then in
force : and the return of each assessor with such corrections, as 86 returns
shall be made therein by the Levy Court and Court of Appeal,
shall be a part of the assessment list of the hundred, to which it
shall belong, and as such be conclusive.
37 Laying
Sect. 7. TIM Levy Court and Court of Appeal shall every year Taxes
calculate and settle the amount of the road tax, which shall in- (41.-42)
chide all sums necessary to be raised for the year for purposes con- 011ocaldsoi..3c4"..
corning causeways, bridges and roads (observing as to the road ;-6-443_8540)
tax in New-Castle and Sussex counties the proviso (a) to this a (41-421
section), the amount of the poor tax, which shall include all sums
necessary to be raised for the year for purposes concerning the
poor-house and for the support of the poor and the amount of the
county tax, which shall include all other sums of money necessary
to be raised for the year to discharge the demands upon the minty
accrued or which it shall be deemed expedient to provide for, and
shall apportion and lay such road tax, poor tax and county tax to
and upon the rates of persons and valuations of real and personal
property in the several hundreds, as the said rates and valuations
shall stand upon the assessment lists of the Said hundreds respec-tively,
at and according to a certain rate for each of the said tax-es
in and upon every hundred dollars of the said rates and valua-tions,
and so pro rata. And the said Levy Court and Court of Ap- 89 Warrants
peal shall on or before the first Tuesday of April in every year to Collectors
(64) cause to be issued to the collector of each hundred a duplicate,
transcribed and certified by the clerk of the peace, of the assess-ment
list of the hundred, for which such collector shall have been
appointed, with a warrant annexed to such duplicate ; which war-rant
shall be under the hands of two or more of the commissioners
of the said court and according to the following form, filling the
blanks with the proper insertions.
county ss. The State of Delaware to the collector of 09 form
hundred greeting : rn command you, that you collect/roof
Z
TI
t
111111111111
LEVY COURT. dt
years ; and such general valuation of real property shall be made,
so as to be returned on the first Tuesday of February in the year
of our Lord one thousand, eight hundred and twenty-eight and ev-ery
twelfth year thereafter : and the present ,rates of persons and
`valuations of real and personal property shall stand and be acted
upon until the said day and year ; Provided always, that the Rs-. 35 Yearly du.
sessor of each hundred shall annually rate the persons of those Ha- tics of An'rs
ble to such rate, who shall have arrived to the age of twenty-one years
since the making of the assessment for the preceding year, or who
shall .come to reside in the county, or who shall before have been
omitted, and shall value the personal property of all such per-sons,
new leases taken by lessees of houses in boroughs, towns or
villages, new ground rents, any real property that shall have been
before omitted, and personal property. acquired by bequest; and
every assessor shall also certify and return all descents, aliena-tions
and changes in the ownership of real estate within his hun-dred;
and the person or persons, who by the assessment list, as
the same shall be constituted or made by or from such returns,
shall appear to have become and to be by reason of any descent,
alienation or change the owner or owners of any real estate, shall
stand assessed and charged with the valuation thereof then in
force : and the return of each assessor with such corrections, as as reh163
shall be made therein by the. Levy Court and Court of Appeal,
shall he a part of the assessment list of the hundred, to which it
shall belong, and as such be conclusive.
Sect. 7. The Levy Court and Court of Appeal shall every year T87a xLesa ying
calculate and settle the amount of the road tax, which shall in- (41-42)
dude all sums necessary to be raised for the year for purposes con- (r)1117,1148'ez.
- cerning causeways, bridges and roads (observing as to the road 3645_s540)
tax in New-Castle and Sussex counties the proviso (a) to this a (41-42)
section), the amount of the poor tax, which shall include all sums
necessary to be raised for the year for purposes concerning the
poor-house and for the support of the poor and the amount of the
county tax, which shall include all other sums of money necessary
to be raised for the year to discharge the demands upon the county
accrued Or which it shall be deemed expedient to provide for, and
shall apportion and lay such road tax, poor tax and county tax to
and upon the rates of persons and valuations of real and personal
property in the several hundreds, as the said rates and valuations
shall stand upon the assessment lists of' the Said hundreds respec-tively,
at and according to a certain rate for each of the said tax-es
in and upon every hundred dollars of the said rates and valua-tions,
and so pro rata. And the said Levy Court and Court of Ap- 89 Warrants
peal shall on or before the first Tuesday of April in every year to Collectors
64) cause to be issued to the collector of each hundred a duplicate, (
transcribed and certified by the clerk of the peace, of the assess-ment
list of the hundred, for which such collector shall have been
appointed, with a warrant annexed to such duplicate ; which- war-rant
shall be under the hands of two or more of the commissioners
attic said court and according to the following form, filling the
blanks with the proper insertions.
county ss. The State of Delaware to the collector of 89 form
hundred greeting : We command port. thot you collect/rem
Z
S78 LEVY COURT:
all andt'very'Me. persons named in the duplicate hereunto annexed,
for their readtaX;poor ltur and- county'la X respectively for the year
the following rates in and upon every hundred* dollars
Ofthe amount Qf the 'rates' and valuations, wherewith they redpective-
Itraccoriling,to 'said ditplicate 'stand assessed; . and so pro rata';'that is
te,Say,t therateof " per,hundred dollars/or the road tax,
the. frate,Of " ,per hundred dollarsfor the porn,' tax, and
the,reite'Of per hundred dollarsfor the county tax4.
andifany person Or yerions`vanzediursaidditplicate shall' ,neglect or
refuse; tOpay' the; said frateS in tewdays,, after you shalt deinanit the
saine;itle command yon ift Slick case, that you-lerft and Make, the Said
rates or the part: thereOfremaining itnpaid.withqa-alful costs in the
manner''and-by the Means and proceediag4rdser. ibed by our law:, in
such case Made and provided' figoods or chattels, lands or tene-inenti
of anyperson so neglecting' or refusing eannot be found by 'yam
Siifficient 'satisfy .such rates'with'ellits; in-such case.that you take
the body of'Sach person and cOntey'hiiiilalhe'coMmongabl and dent-e,-
hint to 'the' keeper of 874 gaol, Whir is' commanded to receive and
detain kioijin 'Safe custody, till'the.rates,with costs be paid,ore uch
Perion' Shall be* legally discharged: And we'lltither Command yon,
that' you pay "the amount, which according :to this warrant :and the
anneXeddiiplicati you are required to _callett;inthe manner and with-hi
the times appointed by our laws i7i this behalf.:Hereof fail not at
your peril. Witett;at " by order of the Levy ' Court
and Court of ppeal under the 'hands of us commissioners of the Said
dourt,the day of' in the year of our Lord 'One
theuSand eight hundred and
(A.0.,
r Seal of qfficep of the 9. 0
Clerk of the 'Peace:
'Attest '
Clerk of the Peace.
40 Seal And every warrant shall be sealed'with the sealof the clerk of
the peace and attested by him 'acCording-to the foregoing farm:
Provided always, thatthe Levy Court mid 'Court of Appeal in
41 Rood tax New-Castle county in calculating and settling the road tax shall
in Newcastle include only such expenses and charges, as Shall be properly char- (Hondo, &c.
SO) gentile upon the county accordink to law, and not any such sum as
is to be ascertained by the commissioners °Rho roads in the several
hundreds in said county, whose powers or duties shall not be in-
'Mired, altered or in any manner affected by this Act : And also,
that the Levy Court and Court of Appeal in Sussex county in cal-culating
and settling the road tax, shall have respect to and be
42 pi Swim governed by the law prescribing what expenses and charges shall
Ontid$ 5. 8. 0. be borne by the hundreds respectively and what expenses and char-b).
04' ,ges shall be barne by the' county in relation to roads, bridges and
causeways; and this 'Act shall not alter or affect any law relative
to the manner, in which such expenses and-charges said county
are to be borne; and also that this Act shall not impair, alter or
affect any legal provisions for discharging the road tax in Sussex
coUnty by work and labor or materials,
LEVY COURT. 379
Sect. 8. If any person or persons shall refuse or neglect to pay 43 Powers of
to the collector in ten days after demand the amount of all the rates, Collectors
which such collector according to his duplicate and warrant shall Fees[31100,
be required to eollect from him, her or them respectively or any foil
part thereof, it shall be the duty of the collector and full power is
hereby given to him to levy the said amount or the part thereof un-paid
with costs by distress and sale of' the goods and chattels of the
person or persons so refusing or neglecting ; and any surplus, that
may be raised by the sale over the sum required, shall he paid. tothe
owner of' the goods without delay; and notice of -every such sale
shall be given by advertisements posted in at least four of the thost
public and convenient places of the county, two of which shall be
in the hundred of said collector : and if' the owner or owners of
any lands or tenements in any hundred shall not reside in the hun- 4b140 tenant lia-dred,
where such lands or tenements are situate, or shall be minors,
or shall neglect or refuse to pay the rates laid upon the valuation
of such lands or tenements in ten days after demand thereof, it
.shall be the duty of the collector and he shall have power to col-lect
the rates laid upon such valuation from the tenant or tenants
or persons occupying and having charge of such lands or tene-ments,
and to levy and make the same with costs by distress and
safe of the goods and chattels of such tenant, tenants or other per-sons,
if payment shall not be made in ten days after such tenant,
tenants or other persons shall be required to pay such rates ; and
the sum that shall be paid by or levied from such tenant, tenants or
other persons shall be a set off against and be deducted from the4,5 his mole-rout
or other demand of the owner 0!'owners for the use or profits "Y
of Such premises, or in casothere be not rent or other demand suf-ficient
to cover the sum so paid or levied, the tenant or other per-son
shall have right to demand, receive and recover the same from
the owner or owners with costs ; Provided that nothing herein con-tained
shall alter any contract made or to be made between a land-lord
and his tenant :And full power and authority is hereby,16 1111,1,
given to. every collector after the first (lay of September next fel- vvhen. ba.ble
lowing the issuing of the duplicate and warrant to levy and make
the rates required by such duplicate and warrant to be collected ott
any part thereof from the lands and tenements of the person or
persons, from whom such rates according to such duplicate and
warrant shall be required to be collected, in case such collector
shall not be able to find goods or chattels of such person or per-sons
sufficient to satisfy such rates and shall not be able to collect
the same from the tenant or tenants or persons occupying and hav-ing
the charge of lands or tenements according to the provision
hereinbefore contained; and to this end, if there be timber or grass 4.7 "I° of
upon such lands, that can be sold to satisfy the rates, the collector timber &grass
shall sell so much of said timber or grass, as will be sufficient to
satisfy the said rates with costs; giving notice of the sale by a4-
vertisements posted in at least five of the most public and conve-nient
places in the county, two of which shall be in the hundred of
said collector; and the purchaser shall have full right to. take and
carry away any timber or grass so sold and shall have privilege of
Ingress and egress for that purpose; but if there, be not timber or
grass on the premises sufficient to pay the rates, or a sale of such 48r58"..31 971
$40 LEVY COURY.
timber or grass cannot be effected, then the collector 81411..Sell
'mach'tnd euilb. part of the' lands or teneinente; elfail be' eiiffi-
`tient said rates with CiiSts';'*iVing at lead fifteen
99 podce I sale bY ail Vertieeinetita !united ii ut'eaSt ten
of 'theinoitepidilic: and 'cOirvenient :places Of the COunty'and,ilie at
IOW-fifteen-44s written' notice to the miner Or Owners; if residing
60 ream :' and such sale of lands Or tenements shall be reitirn-sate
61 tollie Court .of Common Pleas at 'the 'neit term in the county,
Where'tlie premises lie, after Making Snell, kale; and the stiid.Court
nitiY inquire'into' the circumstances of the kaidiale and Shall' either
apprOve or set'aside theSame ; if the 'Collet' shall approve the'
(§g) theithilleetor'Shill Make a 'deed to the purehneer 'or 'purehasers for
'thePreinikes sold ;' and thereby `the estate and title of the Per-seri'
or persons, as 'whose 'property . the premises shall besold,
-shill pass ; if the Court shall set asidithe sale; an order may be
Made, if &eine& proPer, for another sale, which shall be returned
and 'approved or set 'aside in like manner, and. so' on till the rates
-shall.be 66116:tad ; and if it shall be Made to appear to the' said
'court,' that a sale of part of the premises cannot be made, the said
mayin'their discretion 'order a 'sale of the entirety, making
61 Owner such order as* to' the surplus as maybe deemed just ; but no sale
may pay be'aPproved, if the owner be ready at Court to pay' the rates
and costs.' And if the collector shall' not'be able to'tind goods or
chattels, lands or tenements of any pereon- or'perkons Sufficient to
satisfy the rates, which he shall according to' his warrant and (hid
plicate- be required to collect 'from such person or persons, and
such person or persons shall neglect or refuse to pay such rates in
ten days after deidand, it shall be lawful fOr the eolkctor to take
02 imprison- and Imprison the body of every Such person according to the form
meat and effect of said warrant : and the power of a collector to execute 58 Collector's
power ex- his warrant by distress and sale of goods and chattels or by tak-tends
over ing and imprisoning the body shall eAend throughout the county
county in which the hundred, for which he shall be 'appointed, shall be
54 Oath of situate ; andd the oath or affirmation of a collector shallbereceived
collector-of, and allowed as competent evidence in all cases _to prove a demand
5d5er1'nothde by him of rates ; and no demand shall be necessary from any per-room
as to son not having a regular known residence in the county; but non-mo-
looltionts residents may be proceeded against in the same manner, as if a
demand had been duly made on the day of issuing the warrant :
51 rostra and no proceeding shall be had before any Justice of the Peace for
lingisnwbefore the 'recovery of any rates or taxes, excepting in the. cases of per-
Justices sons dying or removing from the 'County before payment : but a
[Justices of person, who shall be appointed .collector and to whom a duplicate the Peace
177] and warrant shall b.,e issued 'arid 'delivered, or his executors or ad-
67 How long ministrators shall have and May exercise all the authority andliow-warrant
is in era granted by this Act and proceed by all the means herein prekrib-force
: bd for the collecting,' levying and making of the rates required. ac-cording
to such warrant and duplicate' to be collected' for the
Space of' twe Years from the date of such 'warrant: but no deliii-but
della. gentles shall be allowed to any collector; eiccept-bi the Levy Court
tl000deo not and Court of Appeal, 'when' sitting as a' court of appeal in March
allowable al: ter next ensuing the date Of 'his ivarrant,:and.at no ether time whater-
EFeeg 1o2] er. Provided, that the owners of 'inriiinds, their 'heirs, executors
11111111111111111111011
A
LEVY COURT.
'or administrators or any person on their behalf shall have liberty 58 Land sold,
to redeem the lands sold as afbresaid within two years from the redeemable
time of sale upon payment to the purchaser, his heirs or assigns of
the amount paid by such purchaser with interest for the same at
the rate of twenty per centuin per annum ; and no deed shall be 59 when deed
given in pursuance of such saleantil the 'time of redemption shall may be given
have expired.
Sect. 9. The Levy Court and Court of Appeal in each county SO collectors
shall in the month of February in every year appoint a Collector appointed
for every hundred hi their county, who shall hold his office for one
year; and every collector shall before his appointment shallbe deem-ed
complete, give bond to the State of Delaware with two or more et bond
sufficient sureties being freeholders of the county to be approved (63-64-69)
by the said court in a penalty to be determined by said court and
to he. as nearly as can he ascertained, double the amount which
such collector will be required to collect, with condition there-under
written according to the following form, viz
The condition of the above written obligation is such, that if the 62 conditiou
above bounden being the collector of
hundred in county, shall fait4fully and dili-gently
collect all the rates and taxes which he shall according to the
duplicate and warrant to be issued to him' as such collector be required
to collect, and all taxes whatever which shall be committed to him for
collection, and shall pay the amount of all such rates and taxes, ex-cepting
only so far as allowances shall be made to him, by the Levy
Court and Cmirt of Appeal, for delinquencies, commissions or other-
-wise, to the officers authorized according to law to receive the same,
in the manner and within the times prescribed by law or legally ap-pointed
by the Levy Court and Court of 4ppeal of said county for that
purposeand furthermore, if the said shall per-orm
the _duties of his office of collector as nforesaid in all things with
fulelity,then the above written obligation shall be void :
And to the said bond shall be subjoined a warrant of attorney 63 judgment.,
to confess judgment thereupon ; and every such bond and warrant bond
of attorney and judgment thereupon confessed shall be joint and
several. And if any person, who shall be appointed a collector,
shall refuse or neglect to give bond with sureties as aforesaid with-in
such time, as the said court shall limit for that purpose, in such
case the appointment shall be absolutely void ; and the said court
shall appoint some other person collector for the hundred, who
shall give bond with sureties as aforesaid, and in case of his refu-sal,
or neglect to give bond with sureties as aforesaid, another ap-pointment
shall be made; and so on until bond with sureties shall
be given, as herein before required: and no warrant and duplicate s4 Warrant
for a hundred shall be issued nor shall any such warrant be dated, not tilt
until a collector shall be appointed for such hundred and bond and pcniter,anili
security be given as aforesaid ; and every collector and his sure- bend given
ties shall by and upon the issuing and delivery to him of the dupli-cate
and warrant for his hundred become and be chargeable with, 0 Liability ol
and responsible for, the whole amount of the rates, which accord_ collector and
ing to such duplicate and warrant he shall be required to collect, sureti°
and with all taxes that shall be committed to him for collection.
subject only to allowances to be made by" the Levy Court and
391
68e LEVY COURT.
Court of Appeal: for delinquencies, commissions or otherwise; and
the .death Of the. collector shall not discharge from, nor in any
maonerimpair, this responsibility; but upon the death of the col-
:lector, the, power to collect all the rates not collected upon, his du-plicate
and warrant at time time of his death shall devolve to. his
ss Eer or executors or administrators,, Who may execute the said warrant in
Ader of col- the same 'manner and by the same proceedings and as fully, as the lector collector could have done :.. Provided always, that in case a collec-tor.
shall die or remove from the county, or be incapable of pr0ceed-
07 Remedy Jug in the collection, .ond the sureties for such collector or their
for sureties _executors or administrators shall make application to the Levy
Court and Court of Appeal for relief, thesaid court in their, dis-cs
collector cretion may appoint some freeholder of the hundred collector in
appointed the place of him so deceased, removed or incapable and may compel
Y The delivery of the duplicate and warrant. to such collector or
-cause a new duplicate and warrant to be issued to him, after he
shall have given bond with sureties as herein before provided ; and
such collector so appointed and his sureties shall be chargeable
with all rates, which shall remain uncollected by the former col-lector,
subject to allowances as aforesaid ; but such appointment
shall not discharge the sureties of the first collector from any part
of their responsibility under their bond nor in any manner impair
such responsibility; but all monies collected by the last collector
shall be carried as a credit to the charge against the first collector:
and acollector so appointed in place of one so dead, removed or in-capable
shall have all the powers of a collector; and the same shall
devolve to his eXceuters and administrators on his death, and all
the principles and provisions, that apply to the collector original-ly
appointed for the year, shall apply to him excepting that his of-shall
continue for the residue of the term of the collector origi-
Bally appointed; and if a new warrant be issued to him, it with the du-plicate
shall bear the samodate with the original warrant and du-
.. 69 hood-bow plicate. for the year. And the bonds of collectors shall be filed and
kept St pro- carefully kept in the office of the clerk of the Peace and shall be ded
ece
on proceeded on at the instance of the County Treasurer, or the Trea-surer
of the Trustees of the Poor, or by order of the court afore-said.
70 Collectors Sect. 10. It shall be the duty of every collector to pay to the
when to County Treasnrer of his county the amount required to be collect-
(73) ed by him for the county tax, as follows ; to wit. one-third part
thereof on or before the first day of July, one third part thereof on
or before the first day of. October, and the residue thereof after de-ducting
commissions and delinquencies on or before the first Tues-day
of February, next after his appointment, and to pay to the
Treasurer of the Trustees of the Poor of his county the amount re-quired
to be collected by him for the poor,tax, as follows, to wit ;
one-third part thereof on or before the first day of July, one third
part thereof on or before the first day of October, and -the residue
thereof, deducting delinquencies and commissions, on Or before the
tenth day of December, next ensuing his appointment, and to pay
to theCounty Treasurer of his county the amount :required to be
collected by him for the road tax, as follows, to wit, one moiety
thereof on or before the first day of June, and the residue thereof',
4
IJ
LEVY COURT: 383.
delinquencies and commissions being first deducted, on Or Wore (Roads, sze.
the first day: of October, ensuing. his .appointment but in Sussex 85-94.91101)
county no part of theroadtax shall be levied till the expirationof -
the time for discharging it labour ; and certificates .duly.grant-ed
for labor done. iii discharge of the road tax according to , law
shall be received by and from: the Collector off account of that tax
And the Levy Courtand Court of Appeal may in 'their discretion 71 earlier
order payment Of all or any of the taxes aforesaiditt an 'earlier day payments
than those before appointed, and may order payment of the road
tax or any part thereof to be made to an overseer Or overseers of
the roads particularly named ; Provided that this clause shall not 72 road tax
control or .affect any previsions, concerning the discharge of road
taxes in Sussex county by work done or materials provided. And 73 duplicate every collector shall upon paying a sum of money to the County. receipts
Treasurer or Treasurer of the-Poor or .overseer of tlie:roads take
two receipts, which such officers are enjoined to give, and shall de-posit
one of said receipts with the clerk of the peace aids' coun-ty
within ten days from taking the same ; and the Clerk of the
peace shall statean account of all suck receipts with every 'collec-'
tor and deliver the same as the Levy Court shalt direct : and for
every neglect or refusal to take, or to give', or to deliver to the
clerk of the Peace such receipt, the collector, County Treasurer, 74 penalty,
or Treasurer of the poor shall respectively be liable to indictment collector, cl'k
and to pay a fine not exceeding ten dollars with costs. And every t°rfe a° sena o f
collector shall on the first Tuesday of March next ensuing-the issu- county and of
'lug and date of his warrant render to the Levy Court and Court Poor
of Appeal of his county. a just and true account of all the rates, a7c5c0CuonlItect0r's
which he shall have been required according to his warrant and
duplicate to collect and of all payments byhim made ; and the said
court shall proceed to examine, 'adjust and settle such account,
making all just allowances ; and the adjustment and settlement by
said court shall be final and conclusive : and the said court may
require other accounts from the collectors, as may be deemed expe-dient.
Sect. ii. The Levy Court and Court of Appeal in each county 76 County
shall. in February in every year, appoint some good and substan- treasurer elk'
tial freeholder of the county ,th -be the County Treasurer, who shall pointed
hold his ollice for one year and shall before entering on the duties
of his office give bond with two or more sufficient sureties to be 77 bond
approved by the said court to the State of Delaware in the penalty
or ten thousand dollars. upon condition according to the following
form, viz ; The condition of the above written obligation is such, 78 condition
that if the above named , being County
Treasurer for county, shall and do well and
truly account for all and every the sum and sums of money which
shall come to his hands as such Treasurer, and shall pay and apply
the same according to law, and also shall pay any balance that shall
remain in his hands, after deducting froth- the amount, with -which
he shall as such Treasurer be justly chargeable, all payments lawfully
made by him and all allowances made to him-by the Levy Court and
Court of appeal of county, to his successors
in office, Or otherwise as the said court shall order and appoint, and
furthermore, if the said ' shalt, pet:Pm the
384 LEVY: -COURr.
duties of his gifice of County Treasurer as aforesaid in all thing
Withfidelity;,then;the.above.written obligation:shall be,;ooid :
79 judgment And:to thosaid ,bontithere shall be subjoined, a warrant of attor- bond ney to:Colifess-,,judgment thereon ; andthe said! bend 'and. warrant
and, the judgment thereini.enteredshall be joint, and several.* '!And
if anypereon being. appointed .Coutity Treasurershall neglect, or.
- refuse to giVe bond with sureties as aforesaid, 1;i-thin such time as
thesaid! .,court shall, order, the appointment: shalt be abseltitel3t.
void.:. and another perstin, may t be appeititeif by said court, who
Shall give bond , with sureties as aforesaid; and so on until bond
with sureties:shall be-given. ' ; :
so tluty or ;, Sect.. 1 It shall.: be the duty of the .CountyTreasurer .to de-
County TreS. mandand receive: from the collector of. ()Very' hundred in his
surer count i the 'amount of: the rates, which Bach *collector according to-his
duplicate, arid, warrant shall be required to collect for the coun-ty
tax and the read tax, as the .same shall according to this Act be.
payable, excepting only .so mitch.of the tax lasthe Levy Court
and Court Of Appeal may-order to he paid by the collectors or any of
theta to overseers of roads, and to keep just accounts with every vol.-,
lector, charging Iiimwithtlie respective, amounts of the rates requi,
red to becollected 'by him for said taxes, separating and crediting
him with all payments by hint made on account of, each of said taxes
distinctly.; and in 'Sussex County certificates ..for labor granted
according to law shall be credited to the collector as to the road:
tax; and;it Shall also be the duty of the County Treasurer to re,
ceive all -such other sum or sums of money as the Levy Court and
Court of Appeal may cause to be:raised or procured for the use of,
the county whether by loan or otherwise; and it shall liwther be the
duty of the County Treasurer to punctually pay and apply the mo-ney,
which he shall receive (whether from collectors for rates collec-ted
or by means of loans or otherwise) for the use of the county, after
deducting his: commissions, to discharging allowances or orders
made-by the Levy Court and 'Court of Appeal of his county, (an.
account of all which orders and allowances he shall keep) and to
hold,any.balance in his hands overand above satisfying such or-ders
and allowances subject to the order of said court, and to pay and
SI accounts apply the same as the said court shall appoint, and to keep, ajust and
fair account of all his receipts and disbursements, to lay All the ac-counts
belonging to his office before the said court or any committee
thereof as the said court may direct, and in February in every.year
to render to a committee of three :members of said court to be ap-
. pointed toreceive the same a full,and just statement of all the ac-counts
relating to the public in his hands ; which accounts such
cowhide° or any two of them shall examine and settle ; and the
settlement shall be signed by the' committee or a majority of them
and the' County,Treasurer and reported to the said court in March
following the appointment of such committee and.filed among the
Papers-of said court. The County Treasurer shall also annually
62Sett1ement during the first week of the first term of the Court of Common
before Audi* Pleas in. his county for the year, attend before the Auditor at the
(Auditor of
Aecoonis 9) place of .holding said court, on a day to be appointed by the Audi-tor
for that purpose, whereof notice shall be given to -such Tree-sorerty
the Auditor, and lay before the Auditor a just statement.
11111111P
LEVY COT1RT; 385
of all the accounts. relating to the public in his hands, including
therein in dollars and cents all sums of money.hyllim received, from
whom and the times when, and also all disbursements 4y, him made,
to whom, on what account,: and the dates of all allowances for
which credit is claimed, and exhibit all. vouchees ; .and the:Audit
tor shall adjust and settle the account, and his settlement shall be
final. And it shall bethe further duty of the County Treasurer, his
executors or administrators without delay to deliver to his succes- 110.3oLos dtiv. er
sot! all the books, accounts and papers belonging to.his Once, entire to suc'ees-sor
and undefaced and to pay to such successor any balance in. the
handwof said Treasurer at the time of his decease or other expira-thin
of his term of office.
Sect. 13. The Levy Court and Court of Appeal in Kent am).84 Overseer
Sussex counties respectively shall, in February every year appoint °I)tnedds HP-one
or more Overseers of roads in every hundred, and shall in P
such appointment specify and assign to each overseer some certain so their limits
limits or particular-district of his hundred ; but abridge support-ed
at the common expense of the county lying part in one hundred
and part in another hundred may be assigned to an overseer in
either of said hundreds, to whom shall appertain in such Case the
duty and authority of overseeing and keeping in repair such
bridge ; and the said court shall apportion the sum, of the road tax to 86 stun for
be paid to each overseer, observing herein the provisions of the each 89
Jaw touching the expenses and charges of making and maintaining 3
roads;bridges and causeways, and shall make an order for the pay- [Roads, &n.
went to the overseer of the sum apportioned to him, and may di- 35414 3,!,!,3,4.
rect this sum to be paid either by the collector or County Treasurer, iou
and shall an or before the first Tuesday of March yearly, cause
to be issued to each overseer a warrant. under the hand and seal 87 Warrants
of office of the Clerk of the peace, specifying the limits or district
assigned to him, and the sum of the road tax apportioned to him ;
and the receipt of the overseer shall be a good voucher to the offi-cer
directed to pay him : and the clerk of the peace shall deliver 8,5 Cl'k of the
to the County Treasurer and the respective collectors a copy of all v inarcoeptv°
such orders, as shall concern them respectively : but the said court 89 apportion
may in case of necessity alter an apportionment, provided it can meat varied
be done without prejudice to what shall have taken place ; and also
the said court in case of emergency may lay and require collection
of an additional road tax : and the collectors shall be under the 90 additional
same obligations, and have and may exercise the same powers, as road tax
are herein provided in relation to the original tax, for collecting
and levying such additional tax ; and in Sussex county the
said court shall prescribe the time within which such addi-tional
tax may be paid by work and labor or materials. And 91 Vacancy
if any overseer of roads in any hundred in Kent or Sussex coun-ties
shall die, remove from the hundred, be unable to imam) the
duties of his office or refuse to serve, the Levy Court and Court of
Appeal shall have power to appoint an everseor in his [dace, and
the warrant issued to the first overseer or a new one shall be de- 92 ace% of
livered to . hint. And every overseer of roads in the respective erarc9"ice,
hundreds of Kent and Sussex counties shall render to the Levy
Court and Court of Appeal in his county on the first Tuesday of
February ensuing his appointment a just and true account of all
3' A
.386 LEVY COURT.
nfonies"-receivedly iiim and of all disburseinents made by ldnr,
and the peranns frbinand,to whom and theA ates, and the particular
days'Orwiniting,. and on What roads, and; theoumberof workmen
93 settlement Or:laborergemplOyed each day; and he-shall exhibit all his vouch
ers'i and the'said:CoUrt shall adjust and settle all such , accounts,
and °their settlement shall belinal and conclUsiiel,but,no overseer
Shall be' alloWed in such account for workrrien; 'laborers,,` slaves,
91 not to 'fur- teanii,'*OrkhOrsea',' materials or other matters 'furnished from:his
11" materials own '6§tate, excepting that in the county of Sussex an overseOrmay
&v. discharge.' his'OVvri. road tax by labor in like Manner, is others.
And in Kent. or Sussek, County- the offices of the Commissioner of
the Levy. Court and Court or Appeal and of 'overseer of-the:roads
shallnOt be held atthosame time by -thesame,person. '
95 Form of Sect'. 14 :The, Levy Court and Courtof Appeal may prescribe
Accounts the form in'mhich the several accounts to be rendered to them shall ' be draWniand the manner, in which the same shall be verified: t.
9 Penalty on Sect..- 15. If any. clerk'of the peace shall refuse or neglect, to 6
Cleth of the perform any of the duties enjoined .uponliim by this Act,- he shall
Peace and for every Such refusal or neglect, forfeit and pay to the State a fine
Overseer of not less - than twenty dollars nor more than' fifty dollars; and' if
dnlault
Roadsfor
any personi appointed an 'overseer of 'roads pursuant to this Act
shall, refuse to serve in that office,.or shall refuse 'or neglect to per-form
,the duties thereof, he shall, for every such refusal orneglect,
forfeit and'pay tOthe State a fine of twenty dollars : which fines
shall be recovered by indictment in the Court of General Quarter
Sessions of the Peaceand Gaol Delivery within the county, where
the'Offence happens,' with full' costs of prosecution.
97 Constables Sect.' 16. The. Levy Court and Court of Appeal in each county
attending Le. shall have power to select and require two of the constables of the
vy Court county to attend said 'court during its sittings as bailiff's of said
Comtand any:constable so selected and required to attend said court
shall for every neglect or refusal to attend the same and also for
every neglect or "refusal to *obey the reasonable requirements of
said court, unless excused by said court, forfeit and pay to the State
a fine not exceeding ten dollars with costs of prosecution upon
conviction on indictment in'the Court of General Quarter Sessions
of the Peace and'Gool Delivery within'the county.
Passed at Dover, February 4, 1 825.
IlL
1756 AN ACT for the valuation of real and personal property Within
this State.
98 Assessrn't . Section 1: 'All:real. and personal property in this State not be-
(l01.103.104 longing to 'this State or to the 'United States or to any church,
NIL 110.114) county, religious 'society or parish or to any college or to any
county school or to any corporation for charitable uses shall be
-valued agreeably to the directions of this Act and shall be char-geable
according to' .suCh valuation with the public assessment :
99 property Provided always, That provisions necessary for the use and con-exempt
sumption of the perSim, to' Whom the-same shall belong, and his
, or her family for the"year .(not including live stock), plantation
LEVY COURT. 387
utensils, the worldng tools-ormechanics or manufacturers antually
and-constantly employed in their respective occupations, the im-plements
of a person's trade or profession, stork on hand of .4
manufactureror tradesman. household furniture other than plate,
grain and other produce of land, wearing apparel, ready money,
bonds and other securities for money, goods. wares and merchan-dises
imported, such carriages of pleasure ortrayel as are already
taxed by law, shall be. and are hereby excepted from any, rate or
sessment : .9nd provided always, That it shall and may be lawfill leo Stock of
for the assessors Of the several hundreds respectively to estimate manufacturer or tradesman.
and value the stock on band of a manufacturer or-tradesman,ac-cording
to the real profits arising to the owner or possessor there-of,
regarding the debts due from the person or persons respective-.
ly, from the best information that he can obtain.
Sect. 4. The assessors in the several hundreds in each county tot Assessors
respectively shall take an accurate account of the land:in their re- return of r
spective hundreds and .return the same in writing specifying iue of land
therein the quantity of acres belonging to every person OP persons,
what part thereof is improved and what part is unimproved, with
the buildings and improvements thereon : And the said assessors
shall estimate each tract or parcel of land at its actual worth in 102 how esti-ready
money from the best information, they can °Main, regard-and
lug all circumstances and advantages of the same from situation v.% Y
or convenience to market ; and the said assessors are authorized
and required to call upon the owner or owners of the land in the
several hundreds respectively in the county, in which the land lies,
to discover and ascertain. the quantity thereof, and also on the Re-corder
of deeds and surveyor of their respective comities, who is
hereby required to give any information to the said assessors or
any of them, which his records may afford.
Sect. 5. The said assessors shall ascertain and make a return les lots and
of the lots and houses in the cities, boroughs, towns and villages houses in
within their hundreds respectively and by whom held, possessed or towns
claimed, and the value thereof in ready money, and the rents of
such houses andlots, 'and by whom paid;.and they shall have pow-er
to call on the owner- or possessor of such houses andiots; to as
certain the quantity of land and the value thereof,and to discover
what rent is paid for the same, and tiltall assess the value thereof,
as is herein before directed, upon the hest information, they can
get. and view of the premises, if necessary, and shall value the
ground rent according to the rules herein after mentioned.
Sect. 6. As a rule to ascertain the value of ground rent in the 10.1 ground
said cities, boroughs, towns and villages, the person or persons rents
entitled to ground rent to the amount of eight pounds, shall be as-sessed
as for one hundred pounds capital, and in the same propor-tion
for any greater or less sum of ground. rent: AO the lessees :or 105 tenemens
persons holding the ground shall be assessed on the, actual worth of the improvements made since the lease or conveyance and time pre- rent
sent value of the land, after deducting therefrom the value thereof
at the time of the lease or conveyance, which value shall be-estima-ted
at one hundred pounds for every eight pounds of ground rent
reserved, and so pro rata for every greater or less sum of ground106 lessees to
pay tax of 1,4. rent ; and the lessees or persons holding the ground shall be charge- Stir oat of reitt
388 LEVY COURT.
able and pay the sum rated to the lessors, and may dedtictithe
some out of the rent, unless otherwise agreed between , the peAon
/adding the groin-id-and the Person claiming-the rent ;.blit if the leS,,
a-6f Or person lielditig the ground when the same was assessed; can-notbefound'ii
soi that the sum rated te the person 'entitled: to the
grottud renteannot be collected from the person holding. theground,/
MOW' the person'entitled to the rent shall be entitled :to' papthe aS=.
107 houses at sessinent on the Sante: And as'a rule to ascertain' the value'of hous-,
'11 wyn'' &land lots'in- thesaitt cities,' boroughs, villages and towns;- yield- on rent ing.an, annual rent, the lessor or the person entitled to the'houke'or
lot shall- be asSessed for 'every twelve pounds-of the rent reserved,
as for one hundred pounds capital, and in 'the -same proportion for
any 'greater or less sum reserved ;' and upon leases for above three
years and where the value of the ground, house or houses andiim,
108 if at un: provements exceeds' the value of the Tent reserved, the lessees:or
der tent, lea- persons, holding the ground, house or houses and improvements " "s"e°4 shall be assessed upon the sum, which 'the 'actual worth of the
ground, house or houses and improvements in ready money exceeds
the .value of the rent 'reserved, Calculating twelve pounds at one
hundred Pounds capital as aforesaid ;. and the lessees or. persons
fielding the 'ground, house or houses and imprOvements shall
chargeable with and may pay the sums rated to their lessor and
maY. deduct the same out of the rent, unless otherwise agreed' upon
between lessor and lessee ; but if the lessee or person holding and
polisesSing the ground, house or houses and improvements or their
effects or estate cannot be found, so thatthe sum rated to-the less-or
May be colleCted, then the lessor shalt be chargeable with the
same. ,And houses, lots and parcels of land in the same places
shall be valued. at their actual worth in ready money.; but where
109 When lands have been leased or taken on ground rent; and the lesse,e or
grantee on grantee has deserted the ground and left it to the lessor or grantor,
ground rent is and the lessor or grantor cannot obtain' the rent agreed in be paid, insolvent, tkc. in Such case the ground-shallbeistimated at its real Value and not
upon wcaletilation from the rent reserved..,
110 valuation ,; Sect. 7. EVery.'assesser shall inforM himselfs by all lawful
ot personal wayy s and means,of all !persnnal property in his hundred' (except
property as be fore' excepted ) and shall immediately such information pro-ceed
to value such property,agreeably to the-direetions Of this Act,
ill statement and shall formn statement in writing of the particulars of all per.
of mmicular° sonal property in his respective hundred and of ItisNaluatien there-of,
in which shall be expresseil-the number of Slaves of each des,
' cription and the weight Of :plate and the value of each of the above*
species of property and 'Al the other personal property - and the
value' thereof; and the amount of the Whole personal property of
every person within his hundred,' and the amount of the value of
112 return all personal' Property in the hundred, and -shall return with his
statement an :alphabetical' list of the names of all persons, whose
113 Property property .-he shall value: and if any assessor cannot discover the
owner uti owner orany.property; real or personal, in histiondredi he shall
known value and mention the same in his return and note that the owner
is unknown. ''
Ill Slaves Sect. 8. The following species of personal pronrty shall be
017.118310 'valued as follow's, to wit : every male and female slave from eight
LEVY COURT. 3S1.1
to fourteen years of 'age in any sum', over ten pounds aml not ex-ceeding
forty pounds, and every male slave from fourteen to forty-five
years of age -in' any -sum over twenty pounds and not exceed-ing
seventy pounds,- arid every female slave over fourteen and not
exceeding thirty-six years of age in any sum over fifteen pounds
and:uot exceeding thirty-five pounds; male and female slaves
under eight. years of age and male- slaves ; above, the agoof forty-five
years and female slaves above; the age of thirty-six years to a
true proportioned value to male and:female slaves above or finder
those ages, who shall be particularly 'noted ; and if any slave should
mot be perfect in his limbs or sight- or from the want of health or
any visible infirmity shall be rendered incapable to perform his
usual labour, the assessor shall make areasonable abatement for
such cause and-shall note the same-in his return : And silver plate 115 Plate
shall be valued at eight shillings and fourpence per ounce; and
other articles- or personal property shall be left to time discretion iiti Other at-and
judgment of the several ' assessors, who shall-estimate the tides
same at its actual worth in ready money': Provided. That the said 117 slaves
assessors shall he at liberty to estimate male slaves, who are trades. being trades-men,
at such value as they may judge them to be worth, regarding men
their respective trades and their proficiency therein.
Sect. 9. Any person owning any slave or slaves or any person us Owners
having the care and mamagementur such slave or slaves shall de= or plossessor3
liver to the assessor or the hundred,- in which he or she resides, 'd'evreas1°.,.
when required by such assessor an account of all the slaves own- count of them
1s
oil by him herr or under his or her care and .management with (120)
r
the name and age of each ; and such account shall be dated and
signed by the person making the same; and the assessor shall 119 ts
view and examine each slave and diligently enquire' into his age, to examine
and return the account of the-owner-or owners or person having
the care and management of such slaves with his determination or
the age and value of such slave : and if any owner or any person 120 penalty
having the management of any slave shall refuse or omit to give :wet min alv-in
any slave to the assessor of the hundred, in which lie resides, an' or
or wilfully lessen or increase his age, such owner or person having
the management of such slave shall pay double the tax on the
real value of such slave.
Sect. 10. Every person; when required by the assessor of the 121 shtement
hundred, in which his or her realand personal property or the duty of every
real and person property under his or her care and management "at° give
lies, shall give in to such assessor in writing dated and signed as
aforesaid, if capable of writing, and if not,the same shall be shown to
the assessor and by him inventoried, and the said inventory shall
have the usual mark placed-at the foot of the same by such person
or persons, a full and particular account of all other his or her
real. and personal property in the same and of all real and personal
Property in his or her possession ortmder his or her care and man-agement
liable to assessment, and to whom the same belongs : and 122 if refusal
if any person shall refuse or after ten days notice by the said as- or neglect
iii writing shall neglectIto render such account or show-his
property as aforesaid, he shall forfeit the sum of three pounds to
be recovered by action of debt, one moiety to him who will sue for 'L'irn1:01'7,4!Ilti.
the same, and the other moiety to and for the use of the State : And od
396 LEVY COURT.
the assessor shall on his own knowledge :or the/bestinfiymation he
can obtain, value the real, and ,personal, property of such person to
the utmost-sum, he believesin his,consciencethe same, May be worth
in=ready money:and shall certify,,the.,suor So, value.0,, and- also, the
refusal or-neglect.; and shall double, the assessment, of suth:per,
son p.andthe, same shall :be..collected as. the public assessment,:
123 penalty And Many person shall givein a partial' account.of-his or her real
for giving a and personal property, under his orher caee,and management, or
partial aee't of' the property fit-his or herpossessien,,, with intent .that the pay+
'flout of the assessment or . rate- onany property, omitted may be
avoided,: such person shall, forfeit, the ,value,of the property :,so
, omitted,- if personal,. and &real, -forty - -
, Sect.- 13. If any person; who , ,ought to be essessed-by,:virtue of
12,I Persons
removing pro- this Act for any personal .property, shall by removing his, or her
perty to effects from the county,..where they-ought to have been,:valued, or
iisocznora; byany other fraud or device escape and not he taxed,,and the same
ceeded a AI t be:provedbefore Any Justice of the Peace of the County,-where 'the
person:resides, at any time within one-year next after:his.property
ought to have , been valued; every such personshaW be ,charged in
the county, where he or, she is found; Upon proof thereof, double
the value of the sum he or,she,ought to.havebeen rated at by this
Act.; 'and .the same shall be collected-from such, person, as in other
eases, in the county, where-he or, she shallhe foetid ; and if any
person shall remove his or. her property..for,the purpose, aforesaid,
and the same shall thereby or by any other fraud or device escape
being assessed, such person shall forfeit,thirty, dollars.
123 Power to Sect.: Q. The said commissioners, of the Levy Court and Court
summon wit- of Appeal shall have full power and authority to summon and cora-nesses
pel.the attendance, of witnesses, who may by them or either of
then] be thought' necessary give information :relative to their du-ty,
respectively. .
1 Limitarn ,, Sect.. 50. If any suit shall he brought against any person or. per- 26
ofactionev- sons for any thing done in 'pursuance of this Act, the suit shall be
itlence on ge- commenced within six months after the fact committed; and the
end issue, defendant or defendants in any suit may plead the general issue, and plaintiff fai-lingtreble
give. this Act and the special, matter in evidence, and that the same
vpsts to dePt. was done in pursuance and by the authority of this Act.; and if it
shall appear so to be done or if any suit shall be brought after-the
time limited, then the jury shall find for the defendant or.defeh-dents
; amid if the plaintiff shall become non suited or suffer a ,dis-continuance,
or if a verdict shall pass, or upon demurrer judgment
shall ,be-given, against him, the defendant ordefendants shall-reco-ver
treble costs and have a judgment and execution for the same.-
- Passed, February 9, 1796.
, ;
1797 AN ADDITIONAL SUPPLEMENT. to the Jet, entilled,l, din
.det for the valuation of real and personal property ,within; this
State.
. .
127 On per- Sect. 8. Every freeman above the age of twenty-one-years shall
salmi tax be rated, in addition to his assessment, a persohal tax for a capital
not exceeding one thousand pounds nor less than fifty pounds, -tti
the discretion of the assessors. Passed, January 19, 1797:
;
,
g
LEVY COURT. 591
AN ADDITIONAL SUPPLEMENT to an Jet, entitled "zt
Jet for the valuation of real and personal property within this
State."
Section 1. As often as any oWner or possessor of any real pro- 128 Property
perty or landed estate shall Make it satisfactorily appear to the reduced in ye-
Levy Court and Court of Appeal of any county of this State, hie, without
wherein such real property or landed estate may lie, that such real faualststessment property or landed estate, for which such person is assessed, hath reduced, or
becomeless productive hr profitable, than it was at the time of its stricken oir
assessment, from any accident or accidents, that have occurred
since such assessment by means of any cause not in the power, dil-igence
or foresight of such owner or possessor to have prevented
or averted, the said Levy Court and Court of Appeal is hereby
authorized, empowered and required to lower the rate of assess-ment
of such real property or landed estate in proportion, as its
value.may from any of the causes aforesaid have diminished, since
the same was assessed ; or in case the said real estate shall by the
causes aforesaid have become wholly unproductive, the said court
is hereby empowered and required to take off from the assessment
list any such rate or assessment of real property so made as afore-said
; any law, custom or usage of this State to the contrary in any
wise notwithstanding.
Passed at Dover, January 25, 1805,
AN ACT to authorize the Levy Court of Kent county to remove
the poor house.
18It
lunatic and insane persons from the public gaol of Kent county to
Whereas it bath been represented to this General Assembly that
there are a number of lunatic and insane persons now confined in
the public gaol of Kent county, some of whom have been confined
for a number of years, and maintained by said county at a great
expense ; that a large and commodious house has lately been erect-ed
for the accommodation of the poor of said county, with suffi-dent
apartments therein to accommodate persons of that descrip-tion,
where they can be maintained at a much less expense to the
county.
Sect. 1. It shall and may be lawful for the commissioners of the 129Remotring Levy Court and Court of Appeal to issue their order or orders insane per-to
any constable of said county of Kent, therein authorizing and ranotl forompoor
commanding him to demand and receive from the sheriff of said flow°
county all such lunatics and insane persons, as are now confined (13n
or hereafter shall be confined in said gaol, who shall forthwith
take such person or persons into his custody and immediately con-vey
him, her or them to the poor house of said county and deliver
him, her or them to the overseer or keeper of said house who
is hereby authorized and required to receive and take every
such person or persons under his care into said house for see
'
LIEN OF JUDGMENTS 8r, .EXECUTIONS.
1829 ' AN ACT 'concerning The lien y judgments' and eXecutions.:
1 Lien of Section 1: Be it declared and enacted by 'the-Senate and use
judgments & .otRepresentatives the State of Delaware in Genernl'Assembly meti
(Executors
14nm. 'hat a judgment does not bind lands,: tenements Or itereditamentii
lull 69) from the'first day of the term, in or 'of which it is entered, by rela-tion.
thereto, but 'only. from the time of actually entering. or 'sign-.
ins it.
2 on a verdict ...Sect. 2. Provided, and be it enacted, That a judgment upon's;
verdict, if entered before the end of the term next after that hi
Which .the verdict is given, slut!! be deemed to be 'entered at the-
309, LEVY- COURT?.
keeping; and they shall from thenceforth be maintained and sup.
ported in the same manner as the other poor of said county are
supportettand,maintain,ed: . I. V "r,
13e confine- Sect.. It,sh all, andmay.hnlawfttl for:the said. overseer or keep-rnciit
er of said poor house under -the direction of the Trustees of. the
Poor of said county to keep any such person or persons that may be
.cotnniitted,ts, h is. chargens Aforesaid in- olose con finem.ent,,- if !it be
unsafefor hint, her; or theni to have their, liberty-. , ., -r;
Passettnt Dover, February:11,
!; , ;
18I5 , A; 'SITP,PLEMNT to an Act, 'entitled. 4f,* An' Act to authorize the
!-' Levy,Court 4'114W:county to remove lunatic- and ,insanepersons
from.* public gaol of -Kent county to,the Poor. Houle.','
131 extended , Sect. !That:the Act to which,this, is; a supplement, be and the
o N. Castle same is liereby,extended.to, and declared to be in full force and oper,
& Sussex ration, ,inithe counties of New-Castle and Sussex respectively; and
the ;commissioners of the. Levy Court, and Court ; of Appeals,
the constables, ;Trustees and overseers or. keepers of -the poor. in
the:said ,counties :respectively; are; hereby invested with, the same
powers and :authorities, and are required: and directed-to execute
thasame in relation to all such lunatic and-insane, persons as now
are or hereafter shall be confined in the, gaols of the said counties of
New-Castle and Sussex respectively, that are givenhy, the said
Act, to which this is a: supplement, to the Same officers in the
county of Kent in relation to lunatic and insane persons confined
in the gaol of the said county.
131 Duty of Sect. 2. When it shall appear to the Trustees of thePoor in the
Trustees of counties of New-Castle, Kent or Sussex; that anplunatic 'or insane
Poor persons maintained and supported agreeably to this Act, or the Act
to which this is a supplement, have or possess any real or personal
estate, it shall be lawful for Ahem, and they are hereby authorized
and required to take all lawful ways' and means to recover a rea-sonable
Compensation for the support and maintenance 'of such lu-natic
and,insane person.' .
_Passed at Dover, January_ 17,1815.
I
4
MI
same time as the verdict and shall bind accordingly ; and that a
judgment given, amount to be ascertained by clerk or other person, 3 amount to
shall bind from the time of entering it, if the amount be ascertain- be ascertain 'd
ed and entered upon the (locket before the first (lay of the-term next
after that in which the judgment is given, but otherwise only from
the time. of entering upon the docket the ascertained amount.
If several judgments be entered against the same person on the 4 several en,
same day, the first entered shall have priority ; but if it does not tered on same
appear by the entries in case of several judgments against the same day
person, which were first entered, they shall when given in suits
previously commenced have priority according to the priority of
the dates of the suits, in which they are respectively given. A judg-ment
entered during a term, if-the day of entering it does not appear 6 day not al).
by the docket, shall be postponed to a judgment entered during the peering
period of the same term, the day of entering which does appear by the
docket ; but these regulations shall not contravene the preceding
provision respecting a judgment on a verdict.
Sect. 3. A final judgment of the High Court of Errors and Ap- 6 of High cr.
peals given upon the reversal of a judgment of the Supreme Court of Err 8" AP.
Or of the Court of Common Pleas shall bind lands, tenements and (constitution
87) hereditaments in the county wherein were the proceedings in the
court below, frotn the date of entering it in the High Court of Er-rors
and Appeals ; provided that, the record being remanded, the
said judgment be entered upon the docket of the court below with-in
twenty days after said date, but otherwise only from the time of
entering it upon the docket of the court below ; and the clerk or
prothonotary of the court below, to whom a record remanded with
a duly certified copy of the proceedings and judgment of the High
Court of Errors and Appeals is delivered, shall without delay file
it and enter upon the docket of the court below, in connexion with
the entries of the proceedings in the cause in the said court, the
said proceedings and judgment of the High Court of Errors amid
Appeals with the date of making such entry ; and the said entry
shall be a record and the said judgment so entered shall'have the
same force and efrect, as a judgment of said court below and shall
be executed by the process of -the said court in like manner, as
judgments of said court; and the lien thereof may be extended to (Constitution
lands and tenements in another county by means of a testatum fie- 83)
ri facias entered of record in the office of the prothonotary of such
county. Upon affirmance of a judgment in the High Court of Er- 7c CcveitgEirri
ron and Appeals the costs of the defendant in error shall be added kpop. allir
by way of increase to his costs in the first judgment and be a part mance
of said judgment; and the amount may be stated accordingly in
process and pleadings. The lien of a judgment shall not be extend-ed
by affirmance to lands, tenements or hereditaments not bound
by the original judgment and a judgment of the High Court of
Errors and Appeals shall not bind lands, tenements or beredita-ments
otherwise, than as prescribed by this section.
Sect. 4. The clerk of the High Court of Errors and Appeals, 8 Dates ot
each clerk of the Supremo Court and each prothonotary of the Judgments
Court of Common Pleas, whenever a judgment is entered or sign-ed
in the court of which he is the ollicer, (except a judgment upon
a verdict when entered before the end of tho term next after that,
3 )1
LIEN OF JUDGMENTS AND EXECUTIONS. 3-93
894 LIEN OF JUDGMENTS AND EXECUTIONS.
in which the verdict is given,) shall set down upon the docket there-
-of the true date (viz: the day, month and year) of actually entering
or signing it ; it shall be sufficient, when such date is contained in
the entry. Each clerk of the Supreme Court and prothonotary of
the Court of Common Pleas, when entering upon the (locket the
ascertained amount of a judgment given, amount to be ascertained
by the clerk or other person, shall set down upon the docket the true
(late (viz : day, month and year) of the entry. Each clerk of the
Supreme Court and prothonotary of. the Court of Common Pleas
shall keep to every docket belonging to his office, in which judg-ments
are entered or signed except the appearance (locket, two in-
9 Indexes (loxes of such judgments, the one of the names of the plaintiffs in a/-
phabetical order according to the first letter of the surnames in con-nexion
with the names of their defendants, and the other of the names
of the defendants in like alphabetical order in connexion with the
names enteed names of their plaintiff's,, and shall enter in said indexes the names
within 21 of the parties to every judgment withimi. twenty-four hours after it hoots
IS entered or' signed, except judgments entered in the appearance
docket which judgments shall within, two weeks after the entry
thereof be transferred to the continuance (locket and immediately
Testa II. fa. carried into the indexes. A testatmn fieri facias and a judgment
&c. of a Justice of the Peace entered of record in the prothonotary's
office for the purpose of binding lands and tenements shall be car-to
ho carried vied into the indexes in like manner, as judgments. Also when a
into indexes case is continued after verdict for the plaintiff without judgment,
it shall be carried into the indexes in the same manner, as if judg-ment
was given ; and a judgment of' the High Court of Errors and
Appeals entered in the court below shall be carried into the indexes
in.the same manlier, as a judgment of the court below.
It) Penalty on If any clerk or prothonotary shall refuse or neglect to perform
cl'k or protley any duty by this Act enjoined upon him or shall not perform the
for neglect same .truly and faithfully, he shall be deemed guilty of a misde-meanor
in office; and further he shall be answerable in an action
of trespass on the case to any person or persons or corporation in-jured
by his default in the premises foe all damages sustained
threugh such. default; and furthermore every such default shall be
a breach of the condition o; his official obligation. But the duties
enjoined by this Act upon the clerks .and peothonotaries shall not
commence until the first day,of August in the year.of our Lord,
one thousand eight hundred and twenty-nine,, and shall not 'extend
to anyjudgment or matter entered before that (lay.
11 Lieu of Sect. 5. No writ of execution shall bind :goods and chattels,
executions until it is delivered to the sheriff or. other proper officer to boexe-cuted.
If several executions against the same defendant be So de-livered
on the same day, the first delivered shall have priority.
Sheriff to unto The sheriff or other officer receiving an execution shall in a (locket.
the time of set down the date of receiving it; and when several executions are lecoiving ex-ecutions
delivered on the same day, this docket shall show the order in
will& they are received ; and_the clerk or prothonotary sissuing
an execution shall indorse thereon the date of the issue.
12 Just.Peaco This Section and the first and second sections of thiS Act do not
jHuotlti pwni'ittsh, in& c. concern judgments or executions before Justices of the Peace,: .
this Act Sect. 6. Whenever judgment is confessed by virtue of a war-.
-
LIEN OF' JUDGMENTS AND EXECUTIONS. $95
rant of attorney for a penalty, the real debt and the time from ta Real Debt
which interest is to be calculated shall be entered upon the (locket indterest eu-thereof
; and whenever an execution is issued upon any judgment teirdeorsed on
for a penalty. the real debt and the time from which interest is to execution
be calculated shall be indorsed upon the execution : To this end duty of Atter-the
attorney confessing the judgment or ordering the execution or fey entering
the plaintiff shall in a written direction to the officer entering the judgment
judgment or issuing the execution set down in words and figures
such real debt and time from which interest is to be calculated ;
and the said officer shall enter or indorse the same, as herein re- & of clerk, Sze
quired: such real debt and time from which interest is to be calcu-lated
need not be set down in a direction with respect to an execu-tion
when the same have been previously entered upon the docket.
Passed at Dover, January 29, 1829.
LIMITATION OF APPEALS.
AN ACT of limitation of appeals in causes inequity. 1829
Section L No appeal from an interlocutory decree or order of the I Limitation
Chancellor shall be received in the High Court of Errors and A ppeals of APPet
unless the petition or assignment of causes of' appeal with a certified eft:Lyn:lei
COPY ooff' the record and papers of the case be filed in the said court creei
or in the office of the clerk thereof on or before the first day of
the term of said court next after the entering of the said decree or
order ; but the said court shall have power to extend said time to
a further day, if this limitation shall not in any case allow suffi-cient
time for copying the record and pap's; and an omission
or failure to claim or prosecute an appeal from an interlocutory
decree or order shall not debar a party front making any objection
to such decree or order upon 'appeal from the final decree.
No appeal, from a final decree of the Chancellor shall be receiv- 2 of Appeals
cd in the High Court of Errors and Appeals. unless the petition or fdrewcnre es assignment of causes of appeal with a certified copy of the record
and papers of the case shall be filed in the said court or in the office
of the clerk thereof within two years after the signing of sa